SPARKS, Circuit Judge.
Appellees charged appellant with infringement of United States Patent to Boyer, No. 1,611,099, of which the appellee company is the exclusive licensee. It relates to means for testing the action of brakes upon vehicle wheels and was issued December 14, 1926, on an application filed September 7, 1923. The defenses were invalidity and non-infringement and the court found the patent valid and infringed. Claims 1, 2 and 4 were in issue.
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