BREWSTER, District Judge.
In this suit the defendant is charged with infringing design patent No. 87,016, issued May 24, 1932, to plaintiff. The defense is noninfringement.
The patent covers the ornamental design of a complete shoe, or sandal, substantially as shown in the drawings. According to this design, the quarter or rear portion is composed of a continuous piece of material extending around the quarter in a manner common to the ordinary shoe, and terminating...
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