SWEENEY, Chief Judge.
The plaintiff is the owner of United States Patent No. 2,449,935 issued on September 21, 1948 and, as such, brings this action against the defendant charging infringement, seeking damages therefor, and an injunction against further infringement. The defendant denies infringement and asserts the invalidity of the patent and, in a counterclaim, seeks a declaratory judgment to the effect that the patent is invalid for want of invention.
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