Page:Federal Reporter, 1st Series, Volume 8.djvu/829

 horses' neck, "for amusement tothejchild, as thiat?style of ttay, mftde that way, held the most things that amused the child," This is too vague to show the plaintiff s' structure. It was easy to say that the box was arranged as in the plaintiffs' structure, if the fact wereso. �2. The making of a structure like Exhibit No. 4, by John H. Brown, before the invention of Crandall, is satisfactorily ptoved. It bas two side f rames, terminating in rockers below, and conneeted^ together by a seat and a foot-board, the arrangement being such asi to allov? the feet of the rider to extend downwardly between th& frames. In the front and therear the spaCC: a,crosa is walled in by two vertical boards, one in the front and one in the rear, while in the plaintiffs' patent the spaoes are open. The side. frames are of onE( piece, solid to the edges of the rockers, while in the plaintiffs' structure: the space aoroas under the bodjes of the horses is open, In the mid- dle, of the width of a horizontal cross-board, whioh extends rearward from the top of the front vettical cross.-piecej the. profile head of a horse stands up vertically;f and^ from the middle, of the width ot a back-board, to the seat, projects warward a priofilo of the flying tail of a horse. The structure eontains all the elements of claims 1 and 2 in whieh there is any patentable; intention. The frames dp not rep- resent horses in profile, and the structure representas the appearance of but one horse. There is a provision for a bridle, and a ehild can, imaginarily, drive, the one horse without straddling it, and withosut danger of falling ont. . The child can rest its fe^t m .the foot-boaird^ and can rock itself after the manner of a rocking-horse. Whether the frames are the profiles or the outlines of horses, or are solid frames, is a matter purely of taste or design, and, so far as any mechanical effect or resuit in the combination. is coacernf>d. is of no importance. So, putting a horse's head on each frame, or otherwise making the structure present to the eye, or to the Inind of the child, the appearance of two horses instead of one, is no mechanical inven? tion, the other parts of the combination being the same, auy more than it would be tp add the appearance of bn,e more, or two more, horses in front, in any form of arrangement. ■ �3. No. 5 shows two frames terminating in rockers belowj and con- nected together by a seat with a foot-board, and the (eet of the rider can extend downwardly between the frames. The frames are .solid ahd continuous to the edgos of the rockers, and ea6h presents the appearance of the body of an eagle, with its hea'd in th'e center bf the iength of the frame, the beak, pointing forwards, the- front ftnd feai ��� �