OPINION
LANE, District Judge:
This is an action for infringement of United States Letters Patent Number 3,129,860 (hereinafter "Foster patent"). Said patent, entitled "Closure Construction for Sifting Containers," was issued to plaintiff J. L. Clark Manufacturing Co. on April 21, 1964, upon an application of John A. Foster, plaintiff's assignor. The original application for the patent in suit was filed November 23, 1960,
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