Reporter's Statement of the Case

left, one at the front and the other at the rear, together with means for controlling them.

This machine employs four lifting screw propellers for raising one side of the machine more than the other and for tilting the machine front and rear. These each turn on a normally vertical axis driven independently each by its own motor. Two of the lifting propellers, one forward and the other rear, are located on one side of the machine, and the remaining two, one forward and the other rear, on the opposite side. Control devices are provided for the motors of the lifting propellers to operate independently any one propeller at a greater or lesser speed of rotation. As disclosed, such control devices are automatic and serve to stabilize the machine laterally and fore and aft to correct a roll or a pitch. Such control devices are in the form of pendulum controllers. Should the machine incline laterally, one of these controllers swings transversely the machine and increases the speed of the lifting propellers on the low side to raise that side of the machine. Should the machine nose up or down, the other of these controllers swings longitudinally of the machine and increases the speed of the lifting propellers at the low end of the machine to restore equilibrium by tilting the machine down or up.

Figure 2 of the Johnston patent, which illustrates the positioning of the four horizontal equilibrium controlling propellers, is reproduced on page 25.

19. Orville Wright and Wilbur Wright, of Dayton, Ohio, took up the study of aviation in 1896. In 1899 they devised a method of warping a wing to alter its lift contour for the purpose of providing equilibrium or lateral control.

During 1900, 1901, and 1902 a number of man-carrying gliders were tested by the Wright brothers at Kitty Hawk, N. C., which tests established the practicability of equilibrium control by altering the contour of the wings.

These experiments culminated in the construction and the first successful flights of a motor-driven airplane carrying and subject to the control of a human operator on December 13, 1903, which flights were made in the presence of a number of witnesses.

The Wright 1903 machine was of the biplane type having two wings of about 40 foot span and 62 foot depth. These wings which were curved were spaced apart by a plurality of front and rear struts which divided the wings into a series of eight panels. The four central panels were rigid both laterally and fore and aft.

Reporter's Statement of the Case

(b) Propulsion means

The propulsion means comprised an internal combustion engine driving two propellers located at the rear of and between the wings.

(c) Control means

The outer two panels of each wing were rigid at the front edge and flexible at the rear. Control wires were connected to the spars of the two outer panels so as to flex the rear portions of the tips of the wings in such manner as to increase the contour or lift at one end and decrease the contour or lift at the opposite end for the purpose and function of lateral control.

The Wright machine was provided with a front horizontal rudder system for elevational control and a rear vertical rudder system for directional control.

A photograph (defendant's exhibit 38-5) of the original Wright 1903 machine completely assembled with the exception of the power plant and propellers is reproduced facing this page. The machine as illustrated shows the lateral controls in such position as to increase the lift of the righthand wings and decrease the lift of the lefthand wings.

20. During the winter and spring of 1904 the Wright brothers constructed another power-driven machine almost exactly like the 1903 machine except that most of the parts were of heavier construction and a more powerful motor was provided. Public flights were made with this machine on a field 8 miles east of Dayton, Ohio. During the year 1904, 105 flights or attempted flights were made, some flights being of considerable length.

21. An article by Esnault-Pelterie entitled "Expériences D'Aviation," published at Paris June 1905, in the publication "L'Aerophile," describes certain experiments made with gliders, some of similar construction to those used by the Wright brothers. The glider described both by the text and illustration in the article differs however from the construction utilized by the Wright brothers in that instead of warping the extremities of the wing surfaces to obtain equilibrium control the wing surfaces were rigid, and horizontal rudders were provided at the extremities of the aeroplane.