PPRuNe Forums - View Single Post - The Wright brothers just glided in 1903. They flew in 1908.
Old 13th Jun 2014, 15:13
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eetrojan
 
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Simplex said - Lewis A. Boswell, patent published May 26, 1903, Three Axis Control
Boswell? Really. You're picking cherries off the ground.

In the Wright's patent infringement suit against Louis Paulhan, the defendant sought to prevent a preliminary injunction by arguing that the Wright patent was anticipated by Boswell. He lost.

Per one author of the time (1912), Charles Brian Haward, "earlier patents will be disregarded where they have not been shown to be operative.... [such that] a patent for a useful device will not be held void because of an earlier patent for a useless device." Per the court:

"Success can not be anticipated by failure"

You're trying to summarily re-litigate with a drive-by citation, even though it was already decided by a judge after hearing arguments from two competing sides, with heavily vested interests, way back in 1910.
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