Engelhard Industries, Inc., in No. 16231 v. Sel-Rex Corporation, in No. 16230

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

Plaintiff sought a declaratory judgment 1 that defendant’s patent No. 3,-104,212 is invalid and was not infringed. Defendant counterclaimed for damages and an injunction for infringement. The district court entered judgment for plaintiff. 253 F.Supp. 832 (Dist.N.J.1966), supplemental opinion, 255 F.Supp. 620 (1966).

The district court’s finding that defendant’s patent was invalid for want of novelty under 35 U.S.C. § 102 because it was fully anticipated by a British patent issued in 1857 to one Cowper, is alone sufficient to justify the judgment. We…