HT4061 I don't have the serial #, I bought a new back from ebay so not the original serial #, can't open phone

It was working fine and the battery would not hold, so I put in a new battery and now I can only get the apple symbol when I plug it in

No.
Whoever sold you the laptop should have removed the software first, or gone through the proper process to transfer the license to you. Chances are that they used it to obtain an upgrade, in which case it would not even to eligible to be transferred.

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