Grubman Engineering & Mfg. Co. v. Goldberger
| Citation | 47 F.2d 151 |
| Decision Date | 12 January 1931 |
| Docket Number | No. 147.,147. |
| Parties | GRUBMAN ENGINEERING & MFG. CO., Inc., v. GOLDBERGER. |
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
C. P. Goepel, of New York City, for appellant.
Cavanagh & James, of New York City (Maxwell James, of New York City, of counsel), for appellee.
Before MANTON, L. HAND, and CHASE, Circuit Judges.
The reissue patent is for an eye mounting for doll's eyes. The device disclosed is to carry the eye-shells which fit into the eye-sockets of the doll's head and which must be pivoted within it so that the eyes shall close when the doll lies flat and open when it stands upright. Such devices had been very common for years, as every one knows, and the patent was for an improvement in what had gone before. There had been trouble in fitting each shell properly to its socket when both were rigidly fixed upon a bar, because the sockets were not always alike, or the same distance apart, the heads not being precisely uniform. Again, if the shells were pressed close into the sockets while the mounting was being set, they might stick when the doll was moved, so as not to open and close, to the pain of the owner. The device was to remedy these defects.
It consisted of a mounting, pivoted as a whole upon two pins driven into the sides of the head by a wedge member between their inner ends, with cams at its sides. When the wedge was moved vertically the cams drove the inside edges of the pins apart, and their points into the sides of the head. The pins and the wedge then became functionally a single member on which the whole mounting would pivot, a weight attached being heavy enough to overcome any friction of the pointed ends of the pins in the head.
The eye-shells were carried by the same pins, and here lay the advantage of the invention. They were half spheres with the pupil and iris painted upon their convex sides which filled the sockets. Each had opposite holes near the open edge of about the size of the bore of the pins, so that when a pin was put through both holes, it held the shell as part of the mounting, though it could rotate, and move sidewise, upon the pin. When a shell had been so fixed to each pin, the mounting was pressed in place, each shell being set into its proper socket by moving it along the length of the pin, or fixing its angular position. The wedge then drove the pins apart and into the sides of the head and the eyes were in place.
However, if the device had stopped there, the shells would be likely not to move because of the friction between them and their sockets. To avoid this it was necessary to let the shells move backward, so that they should not touch the sockets. This was done by putting upon each pin two circumferential channels the same distance apart as the width of the shell, but nearer its inner end than the places at which the shell rested upon the pin, while the shell was being fitted. As the pin was driven out, the edges in the shell through which it passed, finally came into registry with the channels, which being of smaller bore than the pin, allowed the shells to fall away from the sockets. Then as the whole mounting oscillated the shells would be free to follow its movement, and the eyes would open and close without touching the sockets.
The defendant's mountings were of two forms. One consisted of a flat central member, on either end of which was another flat member which slid in grooves of the first, being held frictionally at any place. The outer end of each end member had two prongs curved away from the doll's face when the mounting was set in position. On the forward face of the middle member were two upright slabs, each with a deep notch in its top, to carry a bar to which the eye shells were secured, the bar lying loosely in the notches, which acted as journals for its rotation. The shells would themselves rotate on the bar, and could move upon it lengthwise, so as to be adaptable to variations in the sockets. The weight which opened and closed the eyes was attached to the bar, and it moved, carrying the eyes with it, independently of the mounting, which once in place, was rigidly set. To fix the mounting the bar was laid loosely in the notches and the shells pressed into the sockets. They could then be properly set either by rotating to register them vertically, or by moving them along the bar to center them horizontally. After this, a tool was inserted in holes in the outer members of the mounting, or between their ends, which pushed them out and into the sides of the doll's head. If the prongs had been straight, this would result in fixing the mounting at the same distance from the doll's face as when the shells were fitted; there would have been no space between them, and the friction between the sockets and the shells might overcome the weight. The curve of the prongs, however, dropped the mounting as a whole away from the face, as the prongs entered the side walls, and the shells fell away with them, giving the required...
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