NIELDS, District Judge.
This is a suit in equity under section 4915, U.S.R.S., as amended, 35 U.S.C. A. § 63, for a decree that Electro Metallurgical Company, plaintiff, is entitled "to receive a patent" for the invention specified in claims 1, 2 and 9 of the patent awarded to Schafmeister, defendant's assignor.
Paul Schafmeister originally was a codefendant. He filed a disclaimer in this court and the bill of complaint was dismissed as to him.
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