148 C. Cls. Findings of Fact Uses Curtiss-Wright Design 75–. May 13, 1935 August 15, 1935 10. During the prosecution of the Saulnier application for patent in the United States Patent Office the patent examiner cited Hathorn 1,939,051 and Helwig 2,033,768, and rejected claim 1 as originally filed, stating: Claim 1 is rejected as unpatentable over Hathorn. He has a hood over the cockpit and means to slide it back and forth. To provide means for instantaneous release of the hood is held not to involve invention after the teaching of Helwig. After claim 1 was amended to specify that the slidable cockpit roof is "capable of being operated when in flight", and after plaintiff's counsel argued that neither Hathorn nor Helwig discloses the new combination of a roof slidable in flight with means for instantaneously detaching the roof, the patent examiner allowed the claims in suit. 11. Defendant's expert considered the Hicks, Joyce, Sutton, and Hathorn patents noted in finding 9 to be the most important of the numerous prior patents urged by defendant. 12. The Hicks patent discloses a non-slidable roof over the cockpit of an airplane. Referring to the Hicks patent illustrations, a roof consisting of windows 18 in a frame 19 is removably secured to the cabin of the pilot's top by six holddown clamps 26-27 spaced around the edge of frame 19 and coacting with the upper edge of the airplane fuselage. The clamps 26-27 are simultaneously released by actuation of a single handle 32 inside the cockpit. The disclosure of the Hicks patent is summarized in the following language of the Hicks patent claim: In an airplane, a cabin type fuselage having a pilot's cockpit *** a relatively light weight roof disposed over said cockpit, *** a plurality of quickly detachable clamps spaced around the periphery of said roof and secured thereto in position to co-act with the edges of the cockpit to thereby secure the roof thereon, and an operating cable common for all of said clamps secured to said roof, whereby the clamps may be in 507 Findings of Fact stantly and simultaneously released to quickly detach the roof, said roof being so shaped that the velocity of the slip stream will draw the roof upwardly away from the fuselage when detached and the clamps and operating cable being secured to the roof will likewise be drawn free from the cabin to thereby provide a free and clear opening above the pilot's cockpit. 13. The Sutton patent discloses a slidable "cabin top or cockpit closure" for aircraft. Referring to the Sutton patent illustrations, a cockpit closure 18 consisting of a transparent panel 20 in a frame 19 is slidably secured to the airplane fuselage. The lower edge of the frame 19 carries rollers which engage in tracks 17 adjacent the edges of the cockpit 14. The closure 18 in its rearward position extends rearward of the pilot's headrest 16, and in its forward position partially covers the cockpit 14 as shown in the lower illustration. A handle inside the cockpit is connected by a pulley and cable to enable the pilot to slide the closure 18 forward and to lock it in any one of a plurality of positions. An elastic cord 25 is connected to the closure to urge the closure to the extreme rearward position when the pilot releases the operating handle from a positioning notch. The Sutton patent specification states: ***The utility of this construction will be appreciated by pointing out that, when in flight, the pilot will have closed the screen to protect his head and shoulders from the windstream. Should an emergency arise whereby it is necessary for him to leave the aircraft, he simply taps the handle 34 upwardly, whereupon he is left with a fully opened cockpit whereby his egress from the aircraft is not hazardous. Likewise, the handle 34 and its associated structure are so organized that there is no chance of their becoming entangled with the clothing or parachute of the pilot. [Emphasis added.] 14. The Joyce patent discloses a slidable windshield adapted to vary the size of the cockpit opening. Referring to the Joyce patent illustrations, a windshield 16 comprising a transparent panel 17 held in a frame 18 is supported for sliding movement in fore and aft directions. The Joyce specification states that the size of the wind shield is preferably such that the forwardly extending portion of the cockpit 14 is completely covered by said shield when in the position shown in figure 2. The windshield frame 18 is provided with supporting aprons 19, and the latter are provided with rollers 20 operable in channelshaped longitudinal rails 21 attached to the aircraft fuselage. Rotation of the handgrip 26 operates cams 25 to disengage latch bars 22 and thus allow free movement of the windshield in either direction. The Joyce patent adjustable windshield is capable of being operated from inside the |