WILBUR, Circuit Judge.
This is an action in equity alleging the infringement by the appellee of six claims of the letters patent No. 1,774,552 granted to J. T. Phipps September 2, 1930, for an earth-boring drill and "particularly directed to a drill of the rotary type having provisions for taking a core of the formation drilled through." Among other defenses the appellee alleged prior use. The court sustained this defense, holding that there had been a public use...
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