Page:Federal Reporter, 1st Series, Volume 8.djvu/928

 91e FEDERAL EBPOETEE. �thrown down and the lower ends of such back legs are thrown up, .and such side rails, the back, the front legs, and the back legs, are thus folded together. Corresponding parts are pivoted together, and will fold together in a like way, and by an identical mode of operation, in the defendant's chair. The piece, D, in the defendants' chair, which extends from the front cross round, J, at the forward end of that piece, to the upper part of the back leg, E, to which it is jointed by the working joint. M, corresponds to the side rail of the seat, D, in the piaintiffs' chair, which extends from the front cross-piece at the for- ward end of such side rail to the upper part of the back leg, C, to which it is jointed at g. In the defendant's, the piece, D, is, at a point in it intermediate between the front cross round, J, and the back leg, C, pivoted to the front leg, E, by the working joint, G, at a point intermediate between the top and the bottom of such front leg. In the piaintiffs', the side rail of the seat, D, is, at a point in it interme- diate between the front cross piece at its forward end and the back leg, C, jointed to the front leg, B, at /, which is a point inter- mediate between the top and the bottom of such front leg. In the defendant's, when the pieces, D, are raised towards the back of the chair, the upper ends of the back legs, E, are thrown down, and the lower ends of such back legs are thrown up, and the pieces, D, the back, A, the front legs, C, and the back legs, E, are thus folded together. The specification of the defendant's patent says that "the chair is folded by raising up the seat and pulling up the rockers." The rais- ing up of the seat is effected by raising up the piece, D, towards the back of the chair. Eaising up the piece, D, in the defendant's, and the side rail of the seat in the plaintiff 's, effedts the folding to an equal extent. It does not avoid infringement of claim 1 that the defendant changes the direction of the piece, D, so as to form a greater forward angle with the direction of the back leg, when the chair is fully un- folded, than the angle formed in like case by the side rail of the piaintiffs' seat, with the direction of his back leg, or that the place of sitting in the defendant's, instead of being at the same angle as the angle of the pieces, D, (as the piaintiffs' place of sitting is at the same angle as the side rails of his seat, D,) is made to be at a proper level or angle, by stretching a flexible seat from the front cross round, J, to the round I, which latter round is elevated above the jointing places, G and M. Ail the opinions as to non-infringement, expressed by witnesses for the defendant, are based on an erroneous view of the plaintiff's patent, and on the idea that because the piaintiffs' patent speaks of the seat, D, as pivoted, and its side rails are pivoted, and ��� �