GOODRICH, Circuit Judge.
This is an action seeking a declaration of a patent brought under § 4915, Revised Statutes, 35 U.S.C.A. § 63 (1951), (1952 Revision, 35 U.S.C.A. §§ 145, 146), and later amended to include a count under § 4918, Revised Statutes, 35 U.S. C.A. § 66 (1951) (1952 Revision, 35 U.S.
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