MERCER, Chief Judge.
By his complaint herein, plaintiff, John W. England, alleges infringement by Deere & Company of Reissue Patent No. 23,927. Defendant filed its answer averring invalidity of the patent in suit and a counterclaim for declaratory judgment that said reissue patent is invalid. Upon issue thus joined, the cause was tried before this court without a jury.
Before entering upon a consideration of the evidence, disposition will be made of defendant...
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