Citations
- 28 F.2d 921
Full opinion text
GILBERT, Circuit Judge.
The appellants seek the reversal of a decree of the court below which dismissed their complaint in a suit wherein they charged the appellees with infringement of claims. 6 and 7 of letters patent No. 1,170,478, issued February 1, 1916, to Edgar Coeks for a door bed. The invention was described as particularly pertaining to the mounting of a door bed, and its objects were declared to be two: First, to provide a mounting for a folding bed, whereby the latter can be swung from one side to the other of a door opening independent of the door, and be positioned parallel to the wall on either side thereof; second, to provide a mounting for a folding bed, which will permit of its being swung in and out of a closet through the door opening thereof, which will permit the door opening being open or closed both when the bed is in the room or in the closet without operating the bed mounting. These objects are accomplished by means of certain mechanism termed the “bed mounting.” The door is not included as an element. Say the specifications : “The invention primarily resides in a pair of arm members pivoted on the inner face of the door casing, a pair of pivotally connected links pivoted to each of said arms, a folding bed frame carried by the outermost of said links, and a planetary gear mechanism operating on the arms and links, whereby the bed may be swung from one side of a door opening to the other and be disposed parallel with the wall on either side thereof.” Claim 6 is as follows: “A folding bed mounting comprising the combination with a wall having an opening therein, of a pair of arms pivoted near one side of the opening, a bed frame, pivotal connection between said bed frame and arms, and a gear mechanism acting' on said arms and pivotal connections for controlling the movements of the bed frame and arms in relation to each other.” Claim 7 adds: “An arcuate toothed rack arranged concentric with the pivotal mounting of one of said arms, a bed-supporting frame mounted on the outer ends of said arms for swinging movementi in relation thereto, and gear mechanism engaging said rack and acting on the bed-supporting frame, whereby the rocking of said arms will effect a swinging movement of the bed-supporting frame in a definite path of travel.”
The appellees’ structure which is alleged to infringe presents a bed mounting which, unlike that of the appellants, cannot be swung from one side of the opening to the other independent of the door. It is pivotally attached to a centrally pivoted door, and while the opening referred to in the appellants’ patent is of less width than the bed, the appellees’ opening is of greater width than .the bed, and whereas the appellants use but one door, the appellees necessarily use two. The appellees’ bed mounting has no arm members pivoted on the inner face of the door easing. If it be assumed that there are arm members in their structure, they ar