I concur in the conclusion, reached by the court in the above cases, but dissent from so much of the opinion as holds that the decree in Industrial Manufacturing Company v. Wilcox & Gibbs Sewing Machine Company, 112 Fed. 535) 50 C. C. A. 387, which was offered in evidence, did not establish the contention of the plaintiff in error that the patent in suit therein had been declared invalid.