Samuel Blatchford

“ If it be suggested that the claim of the patent is for the boot described, and that the bill merely alleges that the defendant has made, used, and sold boots containing and embracing the invention covered by the patent, instead of alleging that the defendant has made, used, and sold the invention or the patented boot, we are of opinion that there is no force in the objection. ”

“ If the boot made, used, and sold by the defendant is not a boot consisting substantially of the parts mentioned in the claim of the patent, it does not infringe the patent, and is not, in judgment of law, a boot containing and embracing the invention, in the language of the bill. ”

“ The bill then alleges that the plaintiff was and is the owner of the patent; that he has invested and expended large sums of money for the purpose of carrying on the business of making and selling boots containing the invention; that the invention has been of great utility; that boots were made according to it, and containing it, and sold by him, to the great advantage of the public; that the public have generally acknowledged and acquiesced in the validity of the patent, and in his rights ”