Trimble v. Woodstock Mfg. Co., Inc.

• Decision Date: 23 June 1923
• Parties: TRIMBLE v. WOODSTOCK MFG. CO., Inc.
• Court: U.S. District Court — Western District of New York

297 F. 524

TRIMBLE v. WOODSTOCK MFG. CO., Inc.

United States District Court, W.D. New York.

June 23, 1923

Frederick F. Church, of Rochester, N.Y., for defendant.

HAZEL District Judge.

Infringement of two patents and infringement of a trade-mark are involved herein. One patent was issued to Trimble, No. 1,079,675, on November 25, 1913, for convertible crib; the other to Gannon No. 1,321,905, on November 18, 1919, for portable crib. The first-mentioned patent describes a folding crib or bassinet such as described in the prior patent to Carmichael, No 804,581. The embodiment of plaintiff's structure comprises side and end frames hinged together in such a way as to form a rectangle; the end frames being separated parts hinged at their center, so that one part may fold vertically upon the other. The end frames have lateral extensions, to which the folding parts are hinged on the inner side, and which, when the structure is collapsed, provide space for inclosing the mattress upright when resting on a side edge. When both the end and side frames are hinged together, there is placed within the skeleton a bottom part for supporting springs and mattress. This part is removable. Normally it is supported or pivoted at the bottom by means of open sockets attached to the extensions of the side frames. The specification says:

'These parts (the bottom frame and pivoting means) are used when the device is to be used as a coop, and in this case the opposite side of the bottom is supported by resting upon a longitudinal flange near the bottom.'

The pivots and open sockets enable turning up the bottom or floor part laterally, with the mattress between it and the side toward which it is turned; the side extensions giving space for the mattress when turned up on its edge. When the bottom part flatly rests on the flange and open sockets, the end frames are not collapsible; but when it is pivoted upright the end sections fold inwardly toward each other, the side frames being stationary. In this form the structure is convenient for handling and transportation. When the lower frame supports the mattress in its normal position, it may be elevated in the interior of the crib to about the middle, and there firmly held by eye screws, pins, or projections fastened on the corner posts of the front side frames. It is then usually used as a bed or crib, while with the bottom or spring part in its lower position it becomes a play coop. The claim is for a combination of parts and reads as follows:

'A folding crib having, in combination, a rectangular bottom member, vertical side members of a height substantially equal to the width of the bottom member, end members connecting the side members and adapted to fold to bring the side members toward each other, means, located adjacent the lower edges of the side members, for supporting the bottom in a lower position, the bottom being freely removable, upwardly from said means, and said means, adjacent one side, being pivotal to permit the bottom to be swung to vertical position when the crib is folded, and means for supporting the bottom, horizontally, in a higher position between the side members and the end members.'

The essential features of novelty are the asserted means for (a) folding the side frames; (b) arrangement for swinging the bottom frame upright to enable collapsing the crib; and (c) the pins or projections for holding the mattress in an elevated position.

The Gannon structure concededly is a similar type of crib, with the single addition of a pair of props under the mattress frame, formed of suitable rods or bars. The props are pivoted to fold up under said frame, so as to enable conveniently lifting the frame to a higher level, usually to the center of the crib. The claim is not limited to a collapsible crib, and is readable, I think upon any structure or bed which has a frame or support for the bedding and suitable projections located at a higher level for supporting the mattress frame within the four frames forming the structure.

Defendant contends that both patents in suit are invalid in view of the prior art. They are admittedly in a crowded art. All sorts of stationary and folding cradles, bassinets, cribs, coops, cots, or bedsteads, having conveniences of one kind or another, are drawn to my attention. There are crib structures with collapsible end sections folding inward, one on the other, or one section or part only folding sideways into the crib frame, and cribs with floor frames or springs tilted upward on pivots or in some other way, and held in position with the mattress by the collapsed ends; also eyes, projections, or pins for holding the lower frame and mattress, and similar articles to hold it at a higher level, or cribs for converting play coop inclosure into a suitable sleeping support inclosure.

The prior Carmichael structure was patented in 1905. It has side and end frames hinged at the corners, the side ends being one part or single section only. To collapse the crib, the frames must be disconnected by unscrewing the hinges. The mattress frame or springs, normally resting on a longitudinal flange or rib, may be raised from the bottom or play coop position to a higher elevation for sleeping. The claim to invention herein rests in the main in the adaptation of the bearing support for tilting the mattress frame to a vertical or upright position, so that the crib may be collapsed by turning inward the side ...