Page:Federal Reporter, 1st Series, Volume 6.djvu/635

 WIIiSON i'. COON; ■ 623 �rangement. It is manifest that it makes hot a particle of difference in the Wilson invention whether there is a vertical seam in the center of the band or not, provided the other f eatures of the collar exist, and that, if there existed before his invention a collar having those features, the fact that it' had not such vertical seam would not distinguish it from the Wilson invention. The real invention shown in i;he original specification is that claimed in the re-issue. The re-issue is valid, and is infringed by the defendants in the collars F, G-, H, and I, which have ail the features of the Wilson collar, and have no vertical seam at the center of the band. �The principal defence is on the question of novelty. The Wilson patent is not for a design or for a shape. Shape is not involved, except so far as a particular shape may resuit from the tnechanical construction patented. To show a prior collar having the same shape, in outline, as a whole, will not defeat the patent, any more than a collar having the same shape, in outline, as a whole, will necessarily infringe, though not having the same mechanieal construction. The general shape, in outline, of the one collar, consisting of * body and band, as a whole, may be the same as that of an- other collar, yet there may be such differences in the shapes of the bodies and' the bands of the two, relatively to -eaoh other, and such differences otherwise, as to make the two dif- ferent as mechanioai structures. ' �Exhibit No. 3 and Exh'ibit No. 16 are short-band collars. But they are not the Wilson collar. They db not embody its features. Photograph G G, where the upper collar is NOi? 16, and the lower one No. 3, and the middle one the Wilson^ collar, shows this. A conlpaiison of photograph H H, oif' the Wilson collar, with photograph I I of No. 16, shows the difference between those two; and a comparison of the 'for- mer with 'photograph -J J, of No. 3, shows the difference between those two. Photographs K K and L L, in which the upper collar is No. 8 and the lower collar is the Wilson Collar, ohow the different position and action of the tt^o On the neck and on the shirt to which they are buttoned, reeUltiiig ttom their mechatiical 't/oustructiou. l/he «videfice- shbws ��� �