he 'June Bug.' He
was immediately notified by the patentees that such machine with its
movable surfaces at the tips of wings infringed the patent in suit, and
he replied that he did not intend to publicly exhibit the machine for
profit, but merely was engaged in exhibiting it for scientific purposes
as a member of the Aerial Experiment Association. To this the patentees
did not object. Subsequently, however, the machine, with supplementary
planes placed midway between the upper and lower aeroplanes, was
publicly exhibited by the defendant corporation and used by Curtiss in
aerial flights for prizes and emoluments. It further appears that the
defendants now threaten to continue such use for gain and profit, and to
engage in the manufacture and sale of such infringing machines, thereby
becoming an active rival of complainant in the business of constructing
flying machines embodying the claims in suit, but such use of the
infringing machines it is the duty of this court, on the papers
presented, to enjoin.

"The requirements in patent causes for the issuance of an injunction
pendente lite--the validity of the patent, general acquiescence by the
public and infringement by the defendants--are so reasonably clear that
I believe if not probable the complainant may succeed at final hearing,
and therefore, status quo should be preserved and a preliminary
injunction granted.

"So ordered."

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.

Does Not Warp Main Surface.

"Defendants' machine does not use the warping of the main supporting
surfaces in restoring the lateral equilibrium, but has two comparatively
small pivoted balancing surfaces or rudders. When one end of the machine
is tipped up or down from the normal,