Page:Federal Reporter, 1st Series, Volume 2.djvu/693

 686 FEDERAL REPORTER. �well in front of the ankle, and its front edge is at right angles with the upper line of the foxing, so that at the instep the quarter is a broad piece of cloth, and the fastening is effected by a strap inserted in a slit in the quarter. In the plain- tifï's shoe that part of the quarter which joins the foxing cornes less further forward of the ankle than in the defend- ant's shoe. The part of the quarter which is extended over the instep is, therefore, narrowed, and becomes a flap tongue provided on one side of the shoe with a buekle, by which the shoe is fastened. �Another resuit of the different shapes of the quarter is that in the plaintiff's shoe the bellows flap can be turned back smoothly upon the outside of the shoe. The fold of the flap, and the front and lower edge of the quarter, are at the same point. In the defendant's shoe, in consequence of the width of the quarter, the flap is not turned smoothly back- ward, and dirt or sand cannot easily be brushed out of the fold. These two differences do not constitute any material or substantial difference in construction or operation. �The second alleged point of difference is the one which is relied upon to relieve the defendant from the charge of in- fringement. The gist of the Williams invention consisted in Buch a eut of vamp and quarter that the two overlapped or folded upon each other, and thereby the leak hole, at the junction of the Norris gore with vamp and quarter, waa obviated. In the defendant's shoe the vamp and quarter overlap each other beneath the foxing. The eut of vamp and quarter, where the union is made, is a different eut from that of the Williams shoe. It is the eut of the Norris gore modi- fied so that the vamp and the quarter shall overlap and make a tight joint. It avoids the defect of the Norris shoe by a form of eut not exactly like the Williams, but made upon the same principle and not materially different in shape. There is, in fact, no relief from the charge of in- fringement, unless the Williams patent is narrowly limited to its peculiar pattern of vamp and quarter. �The Williams patent of 1875 isthus described in the speci- fication: "My invention relates to that class of boots which ����