Court of Appeals for the Fifth Circuit July 13, 1973, 72-1108 (Ag Pro, Inc. v. Bernard A. Sakraida)

ON PETITION FOR REHEARING

Before RIVES, WISDOM and RONEY, Circuit Judges.

PER CURIAM:

In his petition for rehearing, Defendant-Appellee Sakraida seeks a remand of the issue of patent validity based on newly discovered evidence. His request is the substantial equivalent of a motion under Rule 60(b) (2), F.R.Civ.P.