Reporter's Statement of the Case 25. An aeronautical vehicle having means for accommodating an operator, an aeroplane normally inclined to the horizontal and extending outwardly on each side of the longitudinal center line of the machine, a second aeroplane vertically disposed to the said first mentioned aeroplane and also extending outwardly on each side of the said center line, uprights connecting the said aeroplanes, a shaft having an axis lying outside the body of each of the said aeroplanes and mounted on one side of the center line, a similar shaft similarly mounted on the opposite side of the said center line, stabilizing means mounted on each of the said shafts and situated so as to receive the impinging air on substantially the whole of one of the surfaces thereof when active, and means for placing the said stabilizing means in action. 26. An aeronautical vehicle having means for accommodating an operator, an aeroplane normally inclined to the horizontal and curved longitudinally and extending outwardly on each side of the longitudinal center line of the vehicle, a second aeroplane vertically disposed to the said first mentioned aeroplane and also extending outwardly on each side of the said center line, a plurality of openly spaced uprights connecting the said aeroplanes, a plurality of stabilizing means mounted between the said aeroplanes one on each side of the said center line, each of the said stabilizing means being mounted so as to receive the impinging air on substantially the whole of one of the sides thereof when in action, means for placing the said stabilizing means in action, and connections between the said stabilizing means. 27. An aeronautical vehicle having means for accommodating an operator, an aeroplane inclined to the horizontal, a second aeroplane vertically disposed to the said first mentioned aeroplane both of the said aeroplanes extending on each side of the longitudinal center line of the vehicle, openly spaced uprights spacing the said aeroplanes, a plurality of stabilizing means mounted one on each side of the said center line and each of the same having substantially all of one of its surfaces when active practically unobstructed to the impinging air and their axes lying near to the periphery of one of the said aeroplanes, and means for placing the said stabilizing means in action. 30. An aeronautical vehicle having means for accommodating an operator, an aeroplane normally inclined to the horizontal and extending on each side of Reporter's Statement of the Case the horizontal center line of the vehicle, a second aeroplane also extending on each side of the said center line with its advancing edge forward of the advancing edge of the said first mentioned aeroplane, openly spaced uprights rigidly connecting the same, means for raising one side of the machine more than the other mounted so as to receive the impinging air on substantially the whole of one of its surfaces when active, means for tilting the machine front and rear, means for turning the machine to the right and left, and means for operating all of the above mentioned means. 6. The original specification of the patent in suit at the time of filing in the Patent Office September 20, 1905, contained the following disclosure with reference to the horizontal propellers and associated structures for stabilizing or controlling the attitude of the airship. Driving blades f' assist the balloon in raising the machine from the ground and in sustaining the machine after the balloon has been deflated. They are preferably three in number, as shown, and are placed symmetrically with respect to each other, so as to increase the stability of the machine and distribute the weight of the lifting blades and their driving shafts. Sheaves, f2, on the propeller shafts e actuate the driving ropes fs, which pass over the idlers f to sheaves fo on the shafts f, and clutches are provided upon the shafts fe for clutching the blades f' to said shafts when desired, either simultaneously or independently. A sheave f' on the shaft fo carry the driving ropes over idlers f to sheave f on a shaft f10, upon which by means of a clutch, actuated by the lever f, the right hand lifting blade may be thrown in or out. The front lifting blades may be operated in the same manner as the left hand blades, the lever f12 effecting the coupling and uncoupling. All of the operating levers are placed within reach of the aeronaut standing on the platform. In that portion of the specification relating to the operation and control of the machine it is stated: The machine is now sustained by the lifting screws, and the front or rear of the machine may be tilted by the operator as desired, by driving one of the engines faster than the other, inasmuch as the forward lifting screw is driven by one of the engines and the rear lifting screws by the other. Reporter's Statement of the Case The forwardly-driving propellers are now thrown into gear with their actuating shafts, by means of the clutch levers, and the machine will move forward. When it has attained a certain velocity, the lifting screws may be unclutched from their shafts, and the whole weight of the machine will then be borne by the aeroplane. When the desired speed has been acquired, the forwardly-driving propellers may also be disconnected from their engines, and the machine will soar, on the aeroplane. Another expedient for shifting the machine to a higher or lower level, is to rotate the front lifting screw alone, or the rear lifting screws conjointly. If it be desired to raise one side of the machine more than the other, the front lifting screw and one of the rear ones may be rotated. To turn to the right or left, one or the other of the forwardly-driving propellers may be used, as the case may be. The following is typical of the subject matter claimed when the application was filed: Original Claim 3. "A flying machine, provided with an aeroplane, consisting of a number of annular planes, arranged one above another, and brace planes arranged at right angles to said annular planes; substantially as described." Original Claim 7. "A flying machine, provided with an aeroplane, consisting of a number of annular planes, arranged one above another, and a propeller for driving the flying machine forward; substantially as described." Original Claim 11. "A flying machine, provided with an aeroplane, consisting of a number of annular planes, arranged one above another, and three lifting screws symmetrically disposed upon the machine with respect to a common center; substantially as described." The original disclosure is sufficient to form a basis for the phraseology of the claims in suit. A certified copy of the file wrapper of the application which matured into the patent in suit, defendant's exhibit 40, is by reference made a part of this finding. 7. During the prosecution of the Myers patent application which materialized into the patent in suit the Patent Reporter's Statement of the Case Office declined to permit the applicant Myers to designate said application as a "continuation" of a prior application serial number 621233, filed January 29, 1897, and only permitted the applicant to designate it as a "continuation in part," which part was the feature characterized by a series of superposed annular planes of varying diameter. The prior application filed January 29, 1897, contains no disclosure of the combinations of elements, or alleged improvements specified by the phraseology of the claims in suit, and the application which matured into the patent in suit is not a continuation of the prior application as to the subject matter of any of the claims in suit. A certified copy of the file wrapper of the Myers application serial number 621233, plaintiff's exhibit 58, is by reference made a part of this finding. 8. There is no satisfactory evidence to show any date of invention of the alleged subject matter defined by the claims in suit prior to September 20, 1905, the filing date of the application on which the patent in suit was granted. 9. There is no satisfactory evidence that any machine similar to that disclosed in the Myers patent in suit in its arrangement and construction of lifting surfaces has ever flown. There is no satisfactory evidence that any machine similar to the one disclosed in the Myers patent in suit, in that it is dependent upon lifting screws for lateral or longitudinal equilibrium control, has ever flown. 10. To simplify the issues and as representative of the various types of machines claimed to be used by the United States and for the purpose of determining infringement of the patent in suit, it was stipulated that two airplanes known respectively as the USD-9A and The Model F Flying Boat were in use by the United States at the time (June 2, 1923) plaintiff's petition was filed. The Government aeroplane USD-9A is illustrated and described on pp. 5 to 84, inclusive, of the Bulletin of the Experimental Department, Aeroplane Engineering Division, U. S. A., plaintiff's exhibit 16, which is by reference made a part of this finding. Reporter's Statement of the Case The aeroplane, known as the Model F Flying Boat, is illustrated on p. 10 of plaintiff's exhibit 23, and in photographs identified as exhibits L and M, and in blueprints identified respectively as exhibits N, O, and P, which exhibits are annexed to the stipulation of August 8, 1927, and made a part of this finding by reference. Government Airplane USD-9R 11. The constructional features in issue of the Government aeroplane USD-9A are diagrammatically illustrated in the drawing above. (a) Lifting means This aeroplane is of the biplane type, comprising a conventional elongated fuselage or body. The lifting surfaces comprise two superposed wings, both the upper and lower wings extending substantially at right angles to the fuselage and to the longitudinal axis of the machine, the lower wing extending laterally from each side of the fuselage and the upper wing extending entirely across the machine. The wings, which are relatively long and narrow, have a pronounced convex shape on the upper surface in the fore and aft direction and are slightly concave on their lower surfaces. Both wings in the USD-9A have a positive angle of incidence, that is to say, the wing chord, or a straight line tangent to the lower front and rear edges of the wing, inclines upwardly from the rear to the front at an angle to |