SWYGERT, Circuit Judge.
This cause arises on a motion made by the defendant-appellee, Lincoln Laboratories, Inc., to dismiss this appeal for lack of jurisdiction, under 28 U.S.C. § 1292(a) (4), as herein claimed. On September 3, 1965, plaintiff-appellant, American Cyanamid Company, brought suit for declaratory judgment, claiming that Lincoln's reissue patent No. 25,637, covering a smallpox testing device, was invalid and/or not being infringed by Cyanamid's tuberculin...
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