Similar to Plan of Wrights.
"Upon this contention it is sufficient to say that
the
affidavits for the complainant so clearly define the
principle of operation of the flying machines in question
that I am reasonably satisfied that there is a variableness
of the angle of incidence in the machine of defendants
which is produced when a supplementary plane on one
side is tilted or raised and the other stimultaneously
tilted or lowered. I am also satisfied that the rear
rudder is turned by the operator to the side having the
least angle of incidence and that such turning is done
at the time the supplementary planes are raised
or depressed to prevent tilting or upsetting the machine.
On the papers presented I incline to the view, as already
indicated, that the claims of the patent in suit should be
broadly construed; and when given such construction,
the elements of the Wright machine are found in defendants'
machine performing the same functional result.
There are dissimilarities in the defendants' structure—changes of form and strengthening of parts—which may
be improvements, but such dissimilarities seem to me to
have no bearing upon the means adopted to preserve the
equilibrium, which means are the equivalent of the claims
in suit and attain an identical result.
