Reporter's Statement of the Case

and pursuant to the agreement and trust, following sixty days' notice by plaintiff, was dated by the trustee and delivered to plaintiff as of August 30, 1922. This reassignment agreement was recorded in the United States Patent Office May 14, 1923.

3. A flying machine inherently comprises three basic elements or mechanisms classified as follows:

(a) A mechanism capable of exerting lift, which in the case of a dirigible or balloon is typified by a container filled with a gaseous medium such as hydrogen, helium, or hot air, and which is typified in a case of an airplane by a surface or surfaces such as a wing capable of exerting a lift when the same is propelled through the air at a suitable angle.

(b) Propelling means which in general are typified by internal combustion engines operating a propeller or propellers which exert a forward thrust.

(c) A control mechanism which in general is capable of controlling the equilibrium of the flying machine or controlling its attitude about the three rectangular axes of the machine.

These three mechanisms, (a) lifting means, (b) propulsion means, and (c) controlling means, as herein set forth and which are directly involved in the issues presented, will be referred to in this order in the consideration of the patent in suit, the alleged infringing structures and the prior art.

4. As shown in figures 1 and 3 of the patent in suit as issued and illustrated on page 6, the structure of the patent in suit comprises a set of lifting surfaces comprising a series of annular rings of varying diameters. These annular lifting surfaces are described as preferably having the inner diameter of any lifting surface coinciding with the outer diameter of the next lower annular lifting surface. These surfaces are rigidly connected together by means of a latticelike bracing structure (d), and a car or platform for the operator is suspended from the lifting surfaces by means of suitable suspending rods.

Located below these surfaces is a bowl-shaped plane j. The patent fails to disclose any covering for the top of the

Reporter's Statement of the Case

bowl-shaped airplane further than to state (page 2, lines 44-50) that a balloon may be used to start the machine which when collapsed may be held and nested inside the bowl-shaped plane. This requires that the top of the bowlshaped plane should be open in whole or in part. The balloon is not shown in the drawing or elsewhere referred to in the specification.

As disclosed, the propulsion of the machine is effected by means of two internal combustion engines, one located on either side of the car or platform, each one of which is suitably coupled to a propeller adapted to obtain a forward thrust. The specification states that these two propellers may be coupled to their shafts simultaneously so as to drive the machine forward, or by operating one of the propellers and not the other the machine can be steered to the right and left, or the same may be accomplished by driving one of the engines faster than the other.

The lateral control mechanism comprises two rudders, v-4, which when manipulated by suitable cords also function to steer the machine to the right or left.

The equilibrium or attitude controls comprise three horizontal propeller blades, f-1, f-13, and f-14, which are mounted to rotate on vertical axes, two being located in the rear of the machine and one in the front. These propellers which are referred to in the claims in suit as “stabilizers" are intended to be rotated by power received from the engines by means of belts, pulleys, and clutches. If it is intended to lift the front of the machine, the clutch operating the front propeller, f-14, is operated causing this propeller alone to exert a lifting force and thus tilt the machine upwardly. If it is desired to alter the attitude of the machine about the flight axes, either one or the other of the rear propellers, f-1, f-13, will likewise cause to rotate through actuation of their respective clutch controls.

The patent states that the two rear lifting screws may also be used conjointly to shift the machine to a higher or lower level.

Reporter's Statement of the Case

5. The claims in the patent in suit are as follows:

2. A flying machine comprising a car, an aeroplane normally inclined to the horizontal, a plurality of stabilizers mounted one on each side of the said car and normally out of action, means for placing the said stabilizers in action, and direct connections comprising a cord between the said stabilizers whereby the same may be operated simultaneously.

3. A flying machine comprising a car, an aeroplane with a free periphery normally inclined to the horizontal and extending outwardly on each side of the longitudinal center line of the said car, a second aeroplane also extending outwardly on each side of the said center line and vertically disposed to the said first mentioned aeroplane, a plurality of openly spaced uprights connecting the said aeroplanes, a plurality of stabilizers normally out of action mounted on axes substantially transverse to the line of flight one on each side of the said center line with substantially all of their active surfaces when in action practically unobstructed to the impinging air from all directions, means for placing the said stabilizers in action, a device for rectifying the vertical displacement, and means for operating the said last mentioned device.

12. A flying machine comprising a car, an aeroplane normally not having a strictly horizontal projection and extending outwardly on each side of the car, a second aeroplane mounted above the said first mentioned aeroplane and also normally not having a strictly horizontal projection and also extending outwardly on each side of the said car one of the said aeroplanes extending outwardly to a greater distance laterally than the other said aeroplane, openly spaced uprights connecting the said aeroplane, means for propelling the machine forwardly, means for raising one side of the machine more than the other mounted so as to receive the impinging air on substantially the whole of one of the sides thereof when in action, means for tilting the machine front and rear mounted so as to receive the impinging air from every direction on substantially the whole of the upper or lower sides thereof when active substantially equally, means for turning the machine to the right and left mounted so as to receive the impinging air from every direction on substantially the whole of each of its sides thereof when active substantially equally, and means for operating all of the above mentioned means.

Reporter's Statement of the Case

13. A flying machine comprising a car, an aeroplane normally inclined to the horizontal, a propeller mounted on each side of the said car, motive power for driving the said propellers, a pair of lateral stabilizers, also mounted one on each side of the said center line so as to receive the impinging air from all directions on substantially the whole of their lower surfaces when active, connections between the said stabilizers for operating the same simultaneously, means for rectifying the vertical displacement of the machine, and means for turning the machine to the right and left.

17. A flying machine comprising a car, an aeroplane normally curved longitudinally and having a substantially free periphery normally inclined to the horizontal, means for driving the machine forwardly, motive power for operating the said forwardly driving means, a device mounted on a substantially transverse axis for shifting the machine from its normal position to another position, a second and substantially similar device substantially similarly mounted for shifting the machine from the said normal position to still another position, a third and substantially similar device substantially similarly mounted for shifting the machine from the said normal position to still another position, a fourth device substantially similarly mounted for shifting the machine from the said normal position to still another position, two of the said devices being substantially in line horizontally with the said means for driving the machine forwardly, and means for operating all of the said aforementioned devices.

18. A flying machine comprising a car, an aeroplane with a free periphery normally having a curved and substantially unbroken surface inclined to the horizontal and extending on each side of the said car to a distance at least equal to the depth of the said aeroplane, a second aeroplane constructed in sections vertically disposed below the said first mentioned aeroplane and also extending outwardly on each side of the said car to a distance at least equal to the depth of the said aeroplane, openly spaced uprights connecting the said aeroplanes near their peripheries, means for driving the machine in a forwardly direction, means for operating the said last mentioned means, a plurality of devices for raising one side more than the other, a device for tilting the machine front and rear, a device for turning the machine to the right and left, and means for operating all of the said devices.