SIMONS, Circuit Judge.
The appeal involves validity of patent No. 1,643,123, issued to appellant September 20, 1927, on the application of William Thomas Kyle, filed December 3, 1924, for a traffic protective structure. It is conceded that, if the patent is valid, the defendants infringed. The defenses, anticipation, non-invention, and misrepresentation as to claim 7, were sustained below, and the plaintiff there appeals.
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