GOODRICH, Circuit Judge.
The plaintiffs in this case seek a declaratory judgment that U. S. patent No. 2,839,909 to John E. Morgan as inventor is invalid.
At this stage of the case the plaintiffs seek a summary judgment based on 35 U.S.C. § 102 which sets forth the conditions for patentability. Subsection (f) of this section says that the applicant is not entitled to a patent if "he did not himself invent the subject matter sought to be patented." The...
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