HEARINGS

BEFORE

SUBCOMMITTEE NO. 3

4. S. Congress. House.

OF THE

COMMITTEE ON THE JUDICIARY.
HOUSE OF REPRESENTATIVES

NINETIETH CONGRESS

ON

H.R. 5924, H.R. 13951, and Related Bills

FOR THE GENERAL REVISION OF THE PATENT LAWS,
TITLE 35 OF THE UNITED STATES CODE, AND FOR
OTHER PURPOSES

90-355

APRIL 17, 20, 26, 27; MAY 4, 11, 18, 25; JUNE 1, 8, 1967;
AND FEBRUARY 21, 28, AND 29, 1968

Serial No. 11

PART 2

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1968

For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 - Price $1.50

COMMITTEE ON THE JUDICIARY
EMANUEL CELLER, New York, Chairman

CONTENTS

Texts of bills:

H.R. 5924 (Mr. Kastenmeier).

Page

1

H.R. 6043 (Mr. Pepper) Identical to H. R. 5924.

H.R. 6975 (Mr. Edwards of California) Identical to H.R. 5924.

H.R. 7454 (Mr. Giaimo).

330

H.R. 10006 (Mr. Bush)

552

H.R. 10027 (Mr. Casey) Identical to H.R. 10006.

H.R. 11447 (Mr. Broyhill of Virginia).

558

H.R. 13951 (Mr. Poff)

Report of the President's Commission on the Patent System—To Promote

the Progress of Useful Arts in an Age of Exploding Technology --.

Hearing dates:

425

51

April 17, 1967.

April 20, 1967.

1

135

April 26, 1967.

April 27, 1967.

May 4, 1967

May 11, 1967.
May 18, 1967-
May 25, 1967-

June 1, 1967

167

195

227

249

271

297

325

June 8, 1967.

February 21, 1968.

February 28, 1968.

February 29, 1968-

Illinois.

393

425

517

619

Testimony:

Bardeen, John, professor, Department of Physics, University of

Birkenstock, J.W., vice president, IBM Corp., accompanied by Dewey
Cunningham, patent counsel for IBM Corp.

Braderman, Eugene M., Deputy Assistant Secretary of State for
Commercial Affairs and Business Activities, accompanied by
Harvey Winter and Simon Tucker, Business Practices Division,
Department of State..

Brenner, Edward J., Commissioner of Patents
Browne, Francis C., president, International Patent and Trademark
Association --

Cairns, Robert W., president, American Chemical Society, accom-
panied by Stephen T. Quigley, director, Office of Chemistry and
Public Affairs, ACS..

Cappello, Henry J., Consultant on Patent Policy to the National Small
Business Association, accompanied by J. P. Perry, president of
Eastern Rotorcraft Co., and chairman of NSBA Patent Policy
Committee; and by Roy A. Patton, Jr., president of Multicon
Division of Franklin National Investment Corp., and a member of
NSBA Patent Policy Committee_

Giaimo, Hon. Robert N., U.S. Representative in Congress from the
State of Connecticut, accompanied by Anthony DeLio, patent
lawyer, senior partner of DeLio & Montgomery, New Haven
Graves, Eben M., president, American Patent Law Association,
accompanied by Frank B. Pugsley, former president, American
Patent Law Association_

Hollomon, Herbert J., Acting Under Secretary of Commerce, accom-
panied by Gerald J. Mossinghoff, Director, Office of Legislative
Planning, U.S. Patent Office.

Hornig, Donald F., Director, Office of Science and Technology, accompanied by David Z. Beckler.....

249

256

271

37, 522

236

608

195

328

474

28

155

Kincaid, John F., Assistant Secretary for Science and Technology,
Department of Commerce...

517

Testimony-Continued

McKie, Edward F., Jr., chairman-elect, Patent, Trademark and
Copyright Law Section, American Bar Association, accompanied
by William E. Schuyler, Jr., chairman, Section's Committee on
Patent System Policy Planning, ABA..

Page

297, 451

Malloy, John M., Deputy Assistant Secretary of Defense (Procure-
ment), accompanied by Stanley Nissel, Office of General Counsel,
Department of Defense, and Albert H. Helvestine, Patent Counsel
for the Department of the Navy...

Metcalf, George F., vice president, Aerospace group, Martin Marietta
Corp., on behalf of the Chamber of Commerce of the United States,
accompanied by E. W. Adams, Jr., patent attorney director, Bell
Telephone Laboratories, Inc.

Neuman, Sidney, Pendleton, Neuman, Seibold & Willams, and mem-
ber of the President's Commission_..
Pepper, Hon. Claude D., U.S. Representative in Congress from the
State of Florida, accompanied by William Arthur Roberts, legisla-
tive assistant_.

Pugsley, Frank B., president of the American Patent Law Association,
accompanied by Leonard B. Mackey, chairman, Committee on
Patent Law, APLA..

Rabinow, J., president, Rabinow Engineering Division, Control Data
Corp---

Rifkind, Judge Simon H., Cochairman of the President's Commission
on the Patent System.

227

638

283

325

399

213

167

135, 619

Turner, Hon. Donald F., Assistant Attorney General, Antitrust
Division, Department of Justice, accompanied by Richard H.
Stern, Antitrust Division, Department of Justice..
Zeidman, Philip F., General Counsel, Small Business Administration,
accompanied by Eugene J. Davidson, Assistant General Counsel,
SBA
Statements:

Aerospace Industries Association of America, Inc..

186

651

American Association of Registered Patent Attorneys and Agents..........
American Seed Trade Association and National Council of Commer-

657

Commerce, Department of, letter of January 24, 1968, to Senator
Eastland

485

Computer Usage Co., Inc..

718

DeLio, Anthony P., Patent Attorney, DeLio & Montgomery.

364

Dero Research & Development Corp..

719

Dorfmeyer, Robert E., vice president, corporate development, the
Glidden Co.

720

Dubilier, William__

721

Foremost Foods Co

722

Haddon, Roy D., director of manufacturing, Griffin Pipe Products
Co....

Pennington, Hon. Brooks, State senator of Georgia, and president,
Pennington Grain & Seed, Inc...

808

Statements-Continued

Philadelphia Patent Law Association..

Poehlman, Prof. J. M., University of Missouri College of Agriculture__
Poff, Hon. Richard H., U.S. Representative in Congress from the
State of Virginia..

Robinson, Murray

Rotoflow Corp-

Sloan, Arthur W., chairman of the board and chief executive officer of
Atlantic Research Corp-

State Bar of Texas..
Stauffer Chemical Co.

Stephens, Hon. Robert G., Jr., U.S. Representative in Congress from
the State of Georgia, letter of February 20, 1968, enclosing letter of
January 29, 1968, from State Senator Brooks Pennington with copy
of memo to Seedsmen, January 16, 1968; and letter of January 18,
1968, from William H. Wright, president, Tri-Chek Seeds, Inc...
Toledo Patent Law Association...

Watson, Robert C., former Commissioner of Patents__
Westinghouse Electric Corp...

Wonneman, Roman F..

Wright, William H., president, Tri-Chek Seeds, Inc..

Page

772

783

449

784

787

681

791

803

808

810

810

828

831

809