smear. BOOKING-CHAIR oo. v. roam Fvunnrrunn co. 39 »
projecting but a short distance below the seat. If it be intended that t
the rails are grooved and the rockers tongued, there would be no dif-
ference in the principle. The specincation alleges z "Tl1e rockers may
be connected to the rails of the stand by flexible bands, in passing over
studs projecting from the sides of each, to prevent the seat from mov-
ing back and forth on the rails, or rocking too far either way. These
bands may be slipped off the studs when the chair is to be taken
apart for packing." The nrst claim, which is the only one said to be
infringed, is as follows: "The stand, A, havingi rails, B, the seat, c’,
and rockers, C, ntted to the said rails, and the elastic bands, M, com- B
bined and arranged substantially as specified."
Having thus stated in what that part of the Singer machine con-
sists which is the subject of controversy here, the question naturally
presents itself, in what respect it was new and the subject of a.
patent. _ s
The movement of a rocking-chair on a stationary platform, instead
of rockers moving on the iloor,was not the invention of Singer. That de-
vice had been used before. In a general sense it was contained in the j
patent of Samuel Simmons, of December 21, 1819, and particularly in _
the patent of Samuel H. Bean, of March 31, 1840. Bean states that ·
the principal feature of his invention consisted in making the seat
(and stool, as he calls it) of the chair in two parts, so that while
the stool remains stationary the seat was made to rock on rockers.
The base or rail on which the rockers moved in his chair were smooth,
` H but there was a flange on the outside of each rocker similar to that on
the inside of a railroad car-wheel, and which he calls guards, which
prevented the seat from having any lateral movement. There were
_ certain hanging metallic plates whose upper ends were suspended
from the inside ofthe seat frame by pins, the object of which was to _
prevent the seat from being thrown off the stool. Without referring
now to some of the other patented improved rocking-chairs which _
have been set up by the defense, it is clear that Singer fodnd a plat- T
form or stool, with a chair on rockers moving on the rails or base of
the stool, with flanges on one side of the rockers to prevent lateral
‘ displacement, and also with a device to prevent the seat and the rockers
from being thrown off the stool. Now, what did he add to or change
as to this part of his patent? He tongued the rails or base, and ele- '
vated them at the ends, and grooved the rockers, instead of making
iianges on the outside of each, thus fitting the rockers to the rails or
base, and he attached an elastic band to the platform on each side of
the stand. With a rocker attached to an ordinary chair, moving on i
ccelc n c