Patent US-1903-821393

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Fig. 2 from the patent illustrates curling of the wing by rope, later known as wing warping.

Biplane: Two aeroplanes made from wood, covered by cloth; rudder for navigation in the front; stability cradle corrects tilts via ropes & pulleys

Patent initially rejected by patent office examiner W. W. Townsend:

Having been successful with gliders and anticipating similar success with their power airplane, the Wrights filed their application for a United States patent on March 23, 1903, while the airplane was still under construction. In due course of time their attorney found in his mail a formal notice of the decision of the patent examiners rejecting he application as covering a device that was 'inoperative'—a decision vividly illustrating the esteem in which 'flying machines' were held by the U.S. Patent Office in the year 1903! The application, of course, did not end here, for their attorney undertook the task of convincing the patent examiners of the practicability of the device and the Wrights' first United States patent was finally issued on May 22, 1906."[1]

The application itself was created by attorney Harry Aubrey Toulmin, Sr. of Springfield, Ohio.

With a lawyer now involved, the brothers filed an amendment on 14 July 1904 stating that the machine was already in use and clarifying the innovation further: "...the lateral balance of the machine is controlled by this twisting of the ends thereof as contradistinguished from the method usually employed of shifting a weight for this purpose. The patent office again did not grant the application, sending a letter on 8 November 1904 citing Patent US-1885-338173, Patent US-1903-728844, and Patent GB-1897-15221 as prior claims to this technology. The patent was resubmitted on 13 January 1905 with new claims.[2]

A more substantial revision was submitted on 17 August 1905; the office made additional replies in December and January, then finally approved it on 21 April 1906 after a final amendment.[2]

Later the patent was subject to a series of adjudications, summarized as follows:[3]

821,393 Flying machine, O. and W. Wright, May 22, 1906, valid and infringed on motion for preliminary injunction, (C. C. W. D. N. Y.), 177 F. 257; (C. C. S. D. N. Y.),177 F. 261; preliminary injunction held not warranted, (C. C. A. 2nd Cir.), 180 F. 110; claims 3, 7, 14 and 15 valid and infringed, (D. C. W. D. N. Y.), 204 F. 597; valid and infringed, (C. C. A. 3rd (Cir.), 211 F. 655.

These cases (Wright vs. Herring-Curtiss) are summarized in Ronneberg, 2012.

  • Inventor location Dayton, OH, Hamilton county, OH (FIPSloc=39061)

Sources

References

  1. ↑ Black, 1943, p. 62–63.
  2. ↑ 2.0 2.1 Hill, 1909, Status of the Wrights' suit.
  3. ↑ Underwood's list of adjudicated patents 1915, p. 119.

Patent family descending from Patent US-1903-821393



See also Patent GB-1904-6732 (filed later but granted sooner)


Year filed 1903
Year granted 1906
Office US
Patent number 821393
Inventors Orville Wright, Wilbur Wright
Inventor country US
Applicant person
Applicant firm
Applicant type
Applicant is inventor? Yes
Original title Flying-Machine
English title Flying-Machine
Tech fields airplane, navigation, stability, rudder, wing-warping, frame, adjudicated
Filing date March 23, 1903
Full specification filed date
Application number
Grant date May 22, 1906
Granted? Yes
Publication date
Supplementary to patent
Related to aircraft? Yes
Serial number 149220
Patent agent Harry Toulmin
Assigned to
National tech categories USPC 244/131, USPC 244/90R, USPC 244/904
IPCs IPC B64C/52
CPCs CPC Y10S, CPC Y02T50/145, CPC B64C3/52
Family year
First filing? No
Cites these patents
Citations from after 1930
Application ID
INPADOC family ID
Number of text pages 7
Number of diagram pages 3
Number of figures 3
Number of claims 18
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