(dissenting).
The court has extended greatly the patent misuse principle. This extension, applied full force, could prohibit a pat-entee from employing his invention as a component even in an apparatus of his own manufacture.
I conclude that the test body is a material element in the claimed invention, as the court below first held, and that Section 271, Title 35 U.S.C., may be applicable.
The issues involved are of such far-reaching importance as to render desirable rehearing before the court en banc.
For these reasons I must dissent from the order denying rehearing.