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Taylor v. Wood

23 F. Cas. 807, 12 Blatchf. 110, 1 Ban. & A. 270, 1874 U.S. App. LEXIS 1972
CourtU.S. Circuit Court for the District of Southern New York
DecidedMay 30, 1874
StatusPublished

This text of 23 F. Cas. 807 (Taylor v. Wood) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Wood, 23 F. Cas. 807, 12 Blatchf. 110, 1 Ban. & A. 270, 1874 U.S. App. LEXIS 1972 (circtsdny 1874).

Opinion

BLATCHFORD, District Judge.

This suit is brought on three several letters patent, granted to the plaintiff,. namely, No. 75,218, granted March 3, 1868, for an “apparatus for exercise,” No. 77,933, granted May 12, 1868, for an “oscillating rubbing machine for medical uses,” and No. 75,217, granted March 3, 1868, for an “apparatus for exercise.”

The specification of No. 75,218 states, that the plaintiff has invented an “oscillating vibrating machine for medical purposes.” It refers to three figures of drawings — Fig. 1, a front view; Fig. 2, a top view; and Fig. 3, an end view.

It says; “This invention relates to the application of oscillatory or vibrating motion to various parts of the human body, under the direction of a competent physician, to aid in the recovery of health, by inducing the following effects — to increase the production of heat in such parts as are subjected to the action; to cause blood to flow in larger amount into such parts; to attract blood from other portions, where it may be retained in too large measure; to excite capillary activity; to counteract the tendency to local congestion; to restore nervous action and power; to perfect and equalize the nutritive operation of the body; and to render healthful the tissues of the body. My invention consists of, first, a handle, of convenient shape and size to be grasped by the hand, to which an oscillating or vibrating motion is communicated by any suitable mechanism; second, a shoe or foot holder, of convenient size and shape, and adjusted in a suitable position to receive and retain the foot of the person to be operated upon, the said foot-holder having an oscillating or vibrating motion communicated to it by proper mechanism; * * * fifth, the combination and arrangement of the several parts or devices forming the machine, hereinafter fully described, for producing the effects stated.” The handle B is hung on a shaft, and vibrates or rocks with it, and- to such shaft is hung a crank, to which is connected, by a rod, a shorter crank, on the driving shaft, F. When the shaft F revolves, the shorter crank revolves with it, and gives a reciprocating or rocking motion to the shaft on which the handle B is hung, and to such handle. The foot-holder, B', is hung on another shaft, which is, in like manner, driven by two cranks and a rod, which obtain their motion from the driving shaft, F. The working parts are hung or attached to a frame. There is a pulley, H, on the driving shaft, F, and a driving pulley, G. The machine may be driven by the hand, through a crank, or by the foot, through a treadle, or by power. The extent of the vibrating motion given to the hand or foot may be increased or diminished by shortening or lengthening the cranks by which the handle or foot-holder is driven; and, by running the machine faster or slower, the rapidity of the vibrations may be increased or diminished, to suit different cases. The first, second and fifth claims of this patent are those which are claimed to be infringed, and are as follows: “(1) The handle, B, driven by any suitable mechanism, by which a vibratory or oscillating motion is imparted to it, substantially as and for the purpose set forth; (2) the shoe or foot-holder, B', driven by any suitable mechanism, by which a vibratory or oscillating motion is imparted to it, substantially as and for the purpose set forth; * * * (5) the combination, with the handle B and foot holder, B\ and their immediate connections, of the driving shaft, F, pulleys, G and H, and a suitable means for applying power, as described, the .whole constituting a machine constructed and operating substantially as, and to the effect, set forth.”

The specification of No. 77,933 says: “The object of my invention is to produce effects on different parts of the human body similar to those produced by a rubbing with the hands, and to produce these effects in an increased degree, but without the fatigue to the operator occasioned by that operation. For this purpose, my invention consists, first, in a new and improved rubber, hereinafter fully described, which, when operated by any suitable mechanism, rubs the surface to which it is applied in such a manner as to produce effects similar to those produced by the human hand; * * * fourth, in the combination, with the said rubber, and the mechanical devices for imparting motion thereto, of a suitable couch, bed, or table, on which the person to be operated upon may sit or recline, the said couch, bed, or table having a suitable opening in it. through which the said rubber may be made to protrude, in order that it may be brought in

[809]*809(Drawings of patent No. 75,218, granted March 8,1868, to G. H. Taylor; published from the records of' the United States patent office.]

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Bluebook (online)
23 F. Cas. 807, 12 Blatchf. 110, 1 Ban. & A. 270, 1874 U.S. App. LEXIS 1972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-wood-circtsdny-1874.