229 F. 1002 | 2d Cir. | 1916
The specification says:
“In addition to being readily folded my improved cot. presents the advantage that on account of the employment of slotted braces the legs A B will automatically sx»ead in ease the top should sag, so that the cot would always be in the proper serviceable condition. The use of the hinged brackets D also facilitates the movement of the braces both in the operative position of the device and during the folding or opening of the same.”
The single claim in controversy is:
“3. A folding cot comprising pivotally connected legs, brackets secured to said legs adjacent to their end to swing about axes parallel to the connecting pivots of the legs, pivotally connected braces each having a pin and slot connection at both ends and with' said brackets, and a top carried by the legs.”
The advantage of the Herman cot as described in claim 3 is that it can be used on uneven ground, and so adjust itself that the top will be level, even though the cot is pitched upon rough ground frequently found in places selected for camps. This improvement is accomplished by connecting the different sets of legs and side braces by a pin and slot connection at both ends of each brace. This was a new feature as applied to cots, and constitutes the improvement of the Herman cot over those of the prior art. The Holge patent and the so-called “Yankee cot,” which was a commercial modification of the Holge cot, are the best references, but neither of them had this particular feature.
Undoubtedly the change from the enlarged holes in which the studs played in the Yankee cot to the pin and slot arrangements of the patent, the slots running longitudinally of the braces, with pin and slot at each end of each brace, does effect results which were not accomplished by the old structure; it does allow the legs of any pair of legs to open and remain at a different angle from that of any other pair of legs. The utility of this new result is that, when there is stretching or sagging of the canvas top, it is compensated for by movement of the legs and braces; it is also useful for the reason that, when the cots are used on rough or irregular ground, there is a like compensation effected, and each leg will touch the ground, which would not happen with an organization like the Yankee bed. It is quite true, as defendant contends, that the patentee in his specification says nothing of the utility of his device when the cot is placed on uneven ground; but he does expressly say that there is an advantage in the employment of his slotted braces, which “will automatically spread in case the top should sag, so that the cot would always be in the proper serviceable condition.” That the patentee did not at the timp of his application realize all the advantages which might result from
The decree is affirmed, with costs.