Difference between revisions of "Patent US-1903-821393"
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Biplane: Two aeroplanes made from wood, covered by cloth; rudder for navigation in the front; stability cradle corrects tilts via ropes & pulleys | 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]]: | |
| − | + | <blockquote>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."<ref>[[Black, 1943]], p. 62–63.</ref></blockquote> | |
| − | + | ||
| − | + | 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.<ref name=Hill>[[Hill, 1909, Status of the Wrights' suit]].</ref> | |
| + | |||
| + | 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.<ref name=Hill /> | ||
| + | Later the patent was subject to a series of adjudications, summarized as follows:<ref>[[Underwood's list of adjudicated patents]] 1915, p. [https://babel.hathitrust.org/cgi/pt?id=osu.32437122688738&seq=125 119].</ref> | ||
| − | + | <blockquote>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.</blockquote> | |
| + | These cases (Wright vs. Herring-Curtiss) are summarized in [[Ronneberg, 2012]]. | ||
See also [[Patent GB-1904-6732]] (filed later but granted sooner) | See also [[Patent GB-1904-6732]] (filed later but granted sooner) | ||
| + | * Inventor location Dayton, OH, Hamilton county, OH (FIPSloc=39061) | ||
| + | {{Patent family|{{PAGENAME}}}} | ||
| + | === Sources === | ||
| + | {{USpatentsources|821393}} | ||
| + | * {{wd|Q44309585}} - Wikidata item | ||
| + | * Short's DB | ||
| + | * PTO 244 | ||
| + | * Neilson, 1910 | ||
| + | <references /> | ||
{{Patent | {{Patent | ||
|Year filed=1903 | |Year filed=1903 | ||
| Line 21: | Line 34: | ||
|Inventors=Orville Wright; Wilbur Wright | |Inventors=Orville Wright; Wilbur Wright | ||
|Inventor country=US | |Inventor country=US | ||
| − | |Applicant is inventor= | + | |Inventor location=Dayton |
| + | |Applicant person=Orville Wright; Wilbur Wright | ||
| + | |Applicant firm= | ||
| + | |Applicant type=INDIV | ||
| + | |Applicant is inventor=1 | ||
|Original title=Flying-Machine | |Original title=Flying-Machine | ||
|English title=Flying-Machine | |English title=Flying-Machine | ||
| − | |Tech | + | |Tech fields=airplane; navigation; stability; rudder; wing-warping; frame; adjudicated |
|Filing date=March 23, 1903 | |Filing date=March 23, 1903 | ||
| + | |Full specification filed date= | ||
| + | |Application number= | ||
|Grant date=May 22, 1906 | |Grant date=May 22, 1906 | ||
| − | |Granted= | + | |Granted=1 |
| − | |Related to aircraft= | + | |Publication date= |
| + | |Supplementary to patent= | ||
| + | |Related to aircraft=1 | ||
|Serial number=149220 | |Serial number=149220 | ||
| − | |National tech categories=USPC 244/131; | + | |Patent agent=Harry Toulmin |
| − | |IPCs=B64C/52 | + | |Assigned to= |
| − | |CPCs=CPC Y10S; Y02T50/145; B64C3/52 | + | |National tech categories=USPC 244/131; USPC 244/90R; USPC 244/904 |
| − | |First filing= | + | |IPCs=IPC B64C/52 |
| + | |CPCs=CPC Y10S; CPC Y02T50/145; CPC B64C3/52 | ||
| + | |Family year=1903 | ||
| + | |First filing=1 | ||
| + | |Cites these patents= | ||
| + | |Citations from after 1930= | ||
| + | |Application ID= | ||
| + | |INPADOC family ID= | ||
|Number of text pages=7 | |Number of text pages=7 | ||
|Number of diagram pages=3 | |Number of diagram pages=3 | ||
| Line 39: | Line 67: | ||
|Number of claims=18 | |Number of claims=18 | ||
}} | }} | ||
| + | [[Category:Adjudicated]] | ||
Latest revision as of 00:17, 29 December 2024
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. See also Patent GB-1904-6732 (filed later but granted sooner)
- Inventor location Dayton, OH, Hamilton county, OH (FIPSloc=39061)
Patent family descending from Patent US-1903-821393
- Patent US-1903-821393 (English title: Flying-Machine, Filing date: 1903-03-23, National tech categories: USPC 244/131 • USPC 244/90R • USPC 244/904)
- Patent GB-1904-6732 (English title: Improvements in Aeronautical Machines, Supplementary to patent: Patent US-1903-821393, Filing date: 1904-03-19)
- Patent FR-1904-342188 (English title: Aeronautic machines, Supplementary to patent: Patent US-1903-821393, Filing date: 1904-03-22, National tech categories: FR 6.4)
- Patent AT-1904-23174 (English title: Flying machine, Supplementary to patent: Patent US-1903-821393, Filing date: 1904-03-23, National tech categories: AT 77d)
- Patent RU-1904-15010 (English title: Biplane frame, Supplementary to patent: Patent US-1903-821393, Filing date: 1904-03-26, National tech categories: RU Group V)
- Patent HU-1908-44407 (English title: Airplane, Supplementary to patent: Patent US-1903-821393, Filing date: 1908-02-22, National tech categories: HU V/h)
- Patent US-1908-908929 (English title: Mechanism for flexing the rudder of a flying-machine, Supplementary to patent: Patent US-1903-821393, Filing date: 1908-07-15, National tech categories: USPC 244/87)
- Patent HU-1909-47943 (English title: Airplane, Supplementary to patent: Patent US-1903-821393, Filing date: 1909-02-09, National tech categories: HU V/h)
- Patent DE-1904-173378 (English title: Aircraft with horizontal headrests and vertical side rudder, Supplementary to patent: Patent US-1903-821393, Filing date: 1904-03-23, National tech categories: DE 77h.7)
Sources
- Patent 821393 document and bibliographic info on espacenet
- Patent 821393 at google patents
- Q44309585 - Wikidata item
- Short's DB
- PTO 244
- Neilson, 1910
- ↑ Black, 1943, p. 62–63.
- ↑ Jump up to: 2.0 2.1 Hill, 1909, Status of the Wrights' suit.
- ↑ Underwood's list of adjudicated patents 1915, p. 119.
| Year filed | 1903 |
|---|---|
| Year granted | 1906 |
| Office | US |
| Patent number | 821393 |
| Inventors | Orville Wright, Wilbur Wright |
| Inventor country | US |
| Inventor location | Dayton |
| Applicant person | Orville Wright, Wilbur Wright |
| Applicant firm | |
| Applicant type | INDIV |
| Applicant is inventor? | 1 |
| 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? | 1 |
| Publication date | |
| Supplementary to patent | |
| Related to aircraft? | 1 |
| 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 | 1903 |
| First filing? | 1 |
| 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 |
