Page:Federal Reporter, 1st Series, Volume 2.djvu/692

 WILLIAMS V. CANDEE. 685 �folding on the instep, and having a buckle and the flap tongue extensions which draw as described. �Ifc is true that Williams turns ont not to have been the pioneer in water-excluding shoes by means of jointed flaps, as he supposed himself to bave been. But he was the pioneer in bis department, that of making an Arctie shoe, or a shoe of the elass provided with flaps and buekles, water-proof ' by means of overlapping, jointed flaps. And the patent is not to be limited to the precise shape of the "eut" of each part of the extension which is shown in the drawings, but it covers, also, such other forms of eut which are substantially like the pattern shown and described, and which accomplish the same resuit. Another person cannot properly get the advantage of Williams' overlapping vamp and quarter by merely vary- ing the eut of vamp or quarter, or the form or shape of over- lapping joint, or the shape of the tongue. The patent is by no means for any peculiar shape of fastening device. �The defendant bas made and sold a "snow-excluder," which has double- jointed flaps folded on each side of the instep, made water-proof by an overlapping of the vamp and quarter beneath the foxing, and provided with a buckle and tongue attached to one of the flaps, which are arranged to draw in the manner specified in the patent, but it is claimed that these shoes are not an infringement, because — First, the "eut" of the quarter is just like that of the quarter of the defend- ants old-fashioned Arctie, and, therefore, there is no extension of the quarter, and no flap tongue; second, the eut of the vamp extension is substantially like that of the Norris gore, and not like that of the Williams extension, which is admitted to bave been a patentable novelty. The shoe is, therefore, a union of the Arctie quarter and the Norris gore. The def end- ant's shoe has the general external appearance of the Arctie, and its quarter has the eut which the defendant used upon its Arctie shoes. It is, therefore, true that its quarter has no extension. This is, however, a verbal criticism. The water- proof jointed flap, uniting the overlapped vamp and quarter, and folded on each side of the instep, is the same flap in each shoe. The defendant's quarter is a wide one, and extenda �6* ����