SANBORN, Circuit Judge.
The parties will be referred to as in the court below; the appellant as plaintiff, and the appellee as defendant. The suit is for infringement of letters patent No. 1,379,855, granted to the plaintiff May 31, 1921, upon an application filed March 3, 1921, for a cream depilatory. The defenses are lack of invention, vagueness of description, and non-infringement. From the decree dismissing his complaint, the plaintiff appeals.
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