University of Virginia Library

Points Claimed By Curtiss.

That the Herring-Curtiss Co. will appeal is a certainty. Mr. Emerson R. Newell, counsel for the company, states its case as follows:

"The Curtiss machine has two main supporting surfaces, both of which are curved * * * and are absolutely rigid at all times and cannot be moved, warped or distorted in any manner. The front horizontal rudder is used for the steering up or down, and the rear vertical rudder is used only for steering to the right or left, in the same manner as a boat is steered by its rudder. The machine is provided at the rear with a fixed horizontal surface, which is not present in the machine of the patent, and which has a distinct advantage in the operation of defendants' machine, as will be hereafter discussed.