TUTTLE, Circuit Judge.
This is an appeal from a judgment of the trial court finding the Graham Patent No. 2,627,798, "Clamp for Vibrating Shank Plows" valid but not infringed. There is no cross appeal by appellee from the finding of validity of the patent, but appellee contends this issue is still open for review under our recent decision in Guiberson Corp. v. Equipment Engineers, Inc., 5 Cir.,
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