WILSON, Circuit Judge.
This is an appeal by the defendant from a decree of the District Court holding claims 1, 3 and 7 of a patent, No. 1,826,532, issued to the plaintiff, Small, valid and infringed, and dismissing defendant's counterclaim for an assignment of the patent to the defendant, or, in the alternative, for a "shop right" in the defendant under the patent. We shall refer to the parties, plaintiff and defendant, as they appeared in the trial court.
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