Page:Federal Reporter, 1st Series, Volume 4.djvu/235

 NAT. CAE-BEAKB SiBtOe 00. ». L. fi. & M. S. ET. 00. 221 �the sole, whioh fits into a soirt of mortise or opening in the shoe, so as to enable the osoillating or vibratory motion,- which he speaks of, to take place, Af ter describing the diffi- culties which exist in fitting the shoe to the periphery of the ■wheel, he says : "These difficnlties are avoided by my inven- tion, inasmuch as the sole, B, is permitted to have a lateral rocMng motion on the shoe, and can at once accommodat© itself to the bevel of the wheel, or to any variation caused in that bevel by the lateral movement of the axle." Then he says: "another improvement in my invention is the pecul- iarly simple arrangement of the devis which supports thô shoe; the boit. G, serving the purpose of Connecting the devis to the shoe, and the latter to the sole." �It seems as though the patentee, in thus describing his invention, intends two things : in the first place, to describe the construction and sole in such a way that the latter is accommodated to the ordinary bevelled periphery of the wheel ; and, secondly, he intends to describe a combination of these various parts, consisting of the shoe and the sole, the devis by which the shoe is suspended to the truck, and the- boit which secures the devis to the shoe, and the two parts of the shoe to each other. This appears to bave been the intention of the patentee, and the daims seem to carry out that inten- tion, There are two daims. The first is: "The shoe, A, and sole, B, both being constructed and adapted to each other substantially as described, so that the sole can have a lateral rocking movement on the shoe, for the purpose specified." There can be no doubt what was in the mind of the patentee in making the first daim. If we take out the boit, the rock- ing motion can be seen in the model by moving the two (the shoe and the sole) one upon the other. And to accomplish that the boit is somewhat loose, and one of the lugs of the sole, a, bas to be tapered more or less, as he describes it. The question is whether there is necessarily found in the second daim, as an essential part of it, without which it doea not exist as a valid claim and there can be no infringement, this construction of parts which produce the rocking motion. This claim is : "The combination of shoe, A, sole, B, devis, D, ����