SIMONS, Circuit Judge.
The appeal is by the plaintiff below from a final decree in a patent infringement suit dismissing the bill of complaint therein because of noninfringement. The patent in suit is reissue patent No. 15,529 to Dick and Wolters, granted January 18, 1923, for a heat-resisting cabinet and method of making the same, and was previously adjudicated and held valid as against other defendants in Remington Rand, Inc., v. Art Metal Construction Co.,
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