OPINION
CALEB M. WRIGHT, Chief Judge.
This is an action for infringement of a patent and jurisdiction is based upon the Patent Laws of the United States, Title 35 U.S.C., 28 U.S.C. § 1338 (1948). Suit was originally brought by the Waterman-Bic Pen Corporation against the W. A. Sheaffer Pen Company, a Delaware corporation (Pretrial Order, para. (C) 1). On March 1, 1966 the Sheaffer
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