Wright Bros. Patent No. US821393, May 22, 1906

In Gibbs-Smith's review of Whitehead's claim to first flight, he cites the fact Whitehead filed a patent only for a glider as an "admission" he never achieved powered flight.

In the Wright brothers' patent, below & here: http://worldwide.espacenet.com/publicationDetails/originalDocument?CC=US&NR=821393A&KC=A&FT=D&ND=3&date=19060522&DB=EPODOC&locale=en_EP neither in the drawings nor in the claims section is there a reference to powered flight. 



Whitehead's patent is here: