WILBUR, Circuit Judge.
The appeal is upon an agreed statement on appeal pursuant to Equity Rule 77, 28 U.S.C.A. following section 723, in which it is stated that the principal questions on appeal are:
"1. Is the device described in plaintiff's U. S. Patent No. 1,929,366 anticipated by the prior art?
"2. Do plaintiff's Exhibits T-1 and T-2 infringe patent in suit?
"3. If (1) above is answered in the negative, and (2) above in the affirmative...
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