LINDLEY, Circuit Judge.
This is a suit for infringement of letters-of-patent No. 2,312,477, issued to plaintiff as assignee of the inventor Pollitz. Defendant, after filing an answer setting up invalidity and non-infringement and a counterclaim for a declaratory judgment, served on plaintiff a Notice to Admit Documents and Facts, pursuant to Federal Civil Procedural Rule 36, 28 U.S.C.A., and, relying upon the averments of the complaint and plaintiff's admissions,...
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