storage may be nested one within the other; Twin Beds, 5-8, are not those usually so denominated, which are merely common bedsteads of half or three-quarter size, but are two separate bed surfaces mounted adjacent each other in the same level on the same framework. In case the separation is merely some device like a central ridge in the fabric or some device to give relative freedom to the two longitudinal halves of a fabric the search is in 5-192; if there is an actual partition separating one bed into two parts the search is in 5-329. In case a mattress, fabric frame, or body of springs, is divided into two or more parts the search should be made in 5-202, 5-249, 5-345, 5-352 or 5-357. Stacked Beds, 5-8, may be used singly or used as double-deck beds when stored one on top the other.

(D.) Berths and Bunks, 5-9, consists largely of foreign references. They are mainly beds associated in groups with common supports, usually stanchions or columns. reaching from floor to ceiling and attached thereto. Many of these beds may be folded vertically upon their common supports and special devices enabling beds to fold in that manner should be searched in the appropriate subclasses 133 to 158. Beds which are simply attached to a wall to fold vertically against it when not in use are to be found in those latter subclasses.

(E.) Window Beds, 5-10, are used in connection with & window, usually projecting partly or wholly therefrom. Ventilating hoods for such beds are classified in class 98 while the attachable outside enclosures to contain them are to be found in class 20.

Floor Beds, 5-10, are stored when not in use in a compartment in the floor; Ceiling Beds, 5-10, in a compartment in the ceiling or are hauled up toward the ceiling when not wanted; Room-to-Room Beds have some special device, other than mere casters, by which they may be readily used at will in either of two adjoining rooms. Should the bed have to be upended to accomplish this result the search is in 5-170 to 5-173.

(F.) Adjustable Height Beds have adjustments by

which the bed-bottom may be used at any one of several levels. Adjustable bottom cribs are classified here. In general, the change will not be readily made while the bed is occupied, but when the adjustment is gentle and gradual and can be made readily during occupancy the search is in 5-63 and 5-65 or in 5-81 to 8-89. In case the elevating is accomplished by telescoping legs the search should be extended first to 5-311.

(G.) Sofa Beds, 5-12 to 5-59, are Sofas (q.v., in Class 155) which by manipulation of parts may be converted to beds. In case the manipulation consists merely in giving a greater inclination to a movable head the search is in Class 155. Link-supported Unfolding, 5-13, are elaborate contrivances not falling easily in any of the following classes. Usually in those the seat is inverted and carried a considerable distance forward by the un folding sections which are supported by somewhat complicated system of legs, links and props. In 5-14, Beds stowed under seat, the seat serves merely as a cover for the bed and when the seat is turned up or otherwise removed, the bed is disclosed. In 5-15, Suspended Bottoms, the bed surface is composed of a fabric stretched hammockwise between end supports, the end supports being made to move away from each other during unfolding so as to stretch the bottom taut; the ordinary sofa beds consist of a number of more or less rigid rectangular bed-bottom sections which are hinged together for folding. Other suspended bottoms are found in 5-169 and 5-165. In 5-16, Vertical unfolding sections, the sections of the bed-bottom when folded stand largely in a vertical position, being largely enclosed in the back of the sofa.

Before proceeding it should be said that from 5-16 on sofa beds are defined generally in terms of the operation performed in increasing them from sofa (or setting form) to bed form.

Sofa Beds, Extension, is at present one of the most active portions of the art; such beds consist of a plurality of sections which move away from each other without overturning. This is accomplished by guides or by links.

A large proportion of the present so-called Day Beds are of the extension type. In 5-20 there is a rotation of one section before or after extension, in 5-23 the extension section is attached to one or more pivoted sections which turn to bed position as the extension section moves to position. Further search for extension sofas should be made in 5-181 to 5-185, particularly 5-185.

Sofa Beds, Rotary Seats, 5-24 to 5-26, have a seat pivoted mediate the ends for simple overturning. The art, especially 5-26, is an excellent field of search for various trunnions and combinations of pins, slots and links by which any article could be guided during overturning. Usually after the seat is overturned the side then uppermost is seen to carry a folded sectional bed which might be of almost any type but is usually like those beds in 5-28 to 5-36 and if the search for such beds needs to be extended beyond 5-25 it should next be followed in the subclasses mentioned, bearing in mind that the seat section is then regarded as that unfolding section presented uppermost to view when the seat is overturned and upon which you could sit if so minded.

The Unfolding Seat classes, 5-28 to 5-36, contain the most of the old "Vertically Moving Frame" type. The seat or seat-section is overturned and moved forward bringing other sections to alignment. An exception is 5-35, where the sections are attached to the seat section in zig-zag or accordion fashion and the seat is carried forward without overturning it. These resemble some what the extension beds in 5-23 and probably placing them there would be an improvement. In case unfolding the seat elevates an inner section search 5-31 to 5-34. Where after the seat has been unfolded still more sections are unfolded from it the search is in 5-35 or 5-36 but in the present state of the art the addition of such sections in an old way to an old bed of types 5-28 to 34 is not regarded as invention, as several patents show how accessory sections may be added or dispensed with as a longer or shorter bed of the same general type is wanted. In case a short sofa is desired the bed will

have its long axis at right angles to the sofa and three, four or more sections will be needed; in case a sofa six or seven feet long is employed the axis of the bed will parallel that of the sofa and two sections will be ample. The same patents often show how the type employed may be adapted to either of these methods. In these beds sometime the seat itself forms one of the bed sections but more often it drops or moves away from the section on which it is superposed in the sofa form; subclass 5-59 contains references showing all the ways in which this may be accomplished. This type of bed has been prolific in the link-operated leg; legs which automatically fold and unfold in unison with the bed. There are four shoes full of such legs in 5-313.

In Sofa Beds, Reverting Back, 5-37 to 42, the sofa back is hinged near the lower part to turn backward to alignment with the seat. The sub-titles here are believed plainly indicative but in case there is a depending front apron section that also swings up to alignment then the search is in 5-49 or if the bottom is suspended-then in 5-15.

In Forward-turning Back, 5-43 to 5-46, the back of the sofa-back is itself the bed, or part of the bed, and turns down forwardly. Beds of this class are often like the old class of wardrobe beds, looking when folded much like a very high old-fashioned settle. When they have a genuine seat in front they are placed in this subclass rather than among the upending beds. In 5-46 the back is hinged to the seat and turns down and forward but at the same time the seat unfolds forwardly and in bed position the seat section is then between the sofa back section and the main frame section.

Sliding and pivoting back, 5-47, 5-48, have the same dishing or gliding motion that a board has when it leans against a wall and slides forward on a smooth floor; the same motion occurs in Upending Beds, 5-147.

Subclasses 5-49 and 5-50 have depending apron sections which may be lifted to align with the seat and sometimes may be brought, one or both, to vertical raised position, forming in the latter case a crib.

The element classes, 5-51 to 5-59, are important as they include elements of the types recited drawn from all sorts of beds; 5-51 contains such a mass of matter that in its present form in the search room it is almost useless; in Div. 8 it is subdivided into a dozen or more useful pencil classes and is available to anyone interested. Hinges, 5-57, contains but few originals but has three full shoes of hinges and hinge-joints that have been employed in beds, particularly camp and other folding beds.

THE TRADE-MARK "DEPOSIT” INNOVATION.

Section 5, Ernst Bill; S.2679

Are there any 'niggers' hiding in the woodpile?
By HENRY C. THOMSON, ESQ.

An appropriate introduction to this article is perhaps a copy of the section itself, since I find that members of the profession are not generally informed relative thereto.

Deposit in Patent Office of Marks in Use.

SEC. 5. Any mark or device used in commerce for the purpose of identifying any merchandise or business may be deposited in the Patent Office by the user, by filing one or more copies, as the Commissioner may direct, on a form to be furnished by the Commissioner, and by paying into the Patent Office a fee of $2. Unless and until such deposit is made or the mark has been registered, or an application for registration has been filed, no action, suit, or proceeding shall be maintained for any alleged infringement of such mark in commerce. Any person using, in commerce, any such mark or device, which shall not have been registered, and for which no applica