LEIBELL, District Judge.
Defendant, Phil Silvershein Corporation, moves under Federal Rules of Civil Procedure, rule 56(b), 28 U.S.C.A. following section 723c, for summary judgment for defendant dismissing the (second) amended complaint, with costs, as to all of the patents in suit. The motion is made on the said amended complaint and affidavits, on the following grounds:
"A. As to the product claims of patent 1,534,929, namely, claims 1, 2 and 3, on the ground...
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