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AMENDING SECTION 6 (k) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AS AMENDED, WITH RESPECT TO THE DEFERMENT OF REGISTRANTS ENGAGED IN AGRICULTURAL OCCUPATIONS OR ENDEAVORS ESSENTIAL TO THE WAR EFFORT

FEBRUARY 23, 1945.—Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. May, from the Committee on Military Affairs, submitted the

following

REPORT

(To accompany H. J. Res. 106)

The Committee on Military Affairs, to whom was referred the joint resolution (H. J. Res. 106) entitled “To amend section 5 (k) of the Selective Training and Service Act of 1940, as amended, with respect to the deferment of registrants engaged in agricultural occupations or endeavors essential to the war effort,” having considered the same, submit the following report thereon, with the recommendation that

it do pass:

Thc joint resolution provides that in carrying out the provisions of section 5 (k) of the Selective Training and Service Act of 1940, as amended, the local selective service board, in classifying a registrant, shall base its findings only on whether the registrant is necessary to and regularly engaged in an agricultural occupation or endeavor essential to the war effort and whether a satisfactory replacement can be obtained without regard to the relative essentiality of the registrant to an agricultural occupation or endeavor as compared with any other occupation, service, or endeavor. It further provides that it shall be the duty of such a registrant who is also found by his local selective service board to be physically or otherwise unfit for military training and service to remain in such agricultural occupation or endeavor unless and until released therefrom by his local selective service board, and violations of this provision shall be considered an evasion of service in the land or naval forces.

H. Repts., 79-1, vol. 1-84

CHANGES IN EXISTING LAW

*

In compliance with paragraph 2a of rule XIII of the House of Representatives, changes in section 5 (k) of the Selective Training and Service Act of 1940, as amended, made by the joint resolution are shown as follows (existing law is printed in roman, new language is shown in italics):

Sec. 5. *

(k) Every registrant found by a selective service local board, subject to appeal in accordance with section 10 (a) (2), to be necessary to and regularly engaged in an agricultural occupation or endeavor essential to the war effort, shall be deferred from training and service in the land and naval forces so long as he remains so engaged and until such time as a satisfactory replacement can be obtained: Provided, That should any such person leave such occupation or endeavor, except for induction into the land or naval forces under this Act, his selective service local board, subject to appeal in accordance with section 10 (a) (2), shall reclassify such registrant in a class immediately available for military service, unless prior to leaving such occupation or endeavor he requests such local board to determine, and such local board, subject to appeal in accordance with section 10 (a) (2), determines, that it is in the best interest of the war effort for him to leave such occupation or endeavor for other work.

In carrying out the provisions of this subsection the local selective-service board in classifying the registrant shall base its findings solely and exclusively on whether the registrant is necessary to and regularly engaged in an agricultural occupation of endeavor essential to the war effort and whether a satisfactory replacement can be obtained without reference to the relative essentiality of the registrant to an agricultural occupation or endeavor as compared with any other occupation, service, or endeavor. It shall be the duty of any such registrant who is also found by his local selectiveservice board to be physically or otherwise unfit for military training and service to remain in such agricultural occupation or endeavor unless and until released from such agricultural occupation or endeavor by his local selective-service board and violations of this provision shall be considered an evasion of service in the land or naval forces.

O

REAFFIRMING THE NECESSITY OF THE TYDINGS AMENDMENT IN OUR WAR EFFORT AND CREATING A CONGRESSIONAL COMMITTEE TO INVESTIGATE THE NECESSITY OF AGRICULTURAL DEFERMENTS

FEBRUARY 26, 1945.- Referred to the House Calendar and ordered to be printed

Mr. Cox, from the Committee on Rules, submitted the following

REPORT

[To accompany H. Con. Res. 29]

The Committee on Rules, having had under consideration House Concurrent Resolution 29, reports the same to the House with the recommendation that the resolution do pass.

.

PROHIBITING PROOF OF ACTS DONE BY AN INVENTOR

IN FOREIGN COUNTRIES

FEBRUARY 26, 1945.-Referred to the House Calendar and ordered to be printed

Mr. Lanham, from the Committee on Patents, submitted the following

REPORT

[To accompany H. R. 1439)

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The Committee on Patents, to whom was referred the bill (H. R. 1439) to prohibit proof of acts done by an inventor in foreign countries, having considered the same, report favorably thereon with an amendment and recommend that the bill, so amended, do pass.

The amendment is as follows:

On page 2, strike out the proviso, lines 6 to 11, both inclusive, and insert the following: Provided, That where an invention was made by a person, civil or military, during the time such person was domiciled in the United States or its possessions and was serving on duty with or as a member of any armed force of the United States located in a foreign country, the inventor thereof shall be entitled, in interference and other proceedings arising in connection with such invention, to the same rights of priority with respect to such invention as if the same had been mado in the United States.

The purpose of this bill is to correct an anomalous situation in the law resulting from a decision of the Supreme Court, Electric Storage Battery Co. v. Shimadzu (307 U. S. 5). In this decision the Court sustained a patent granted to a foreigner by permitting the patentes to take evidence in a foreign country showing that he made the invention there, prior to the time of an independent use in this country. This is permitted according to the Court's interpretation of section 4886 of the Revised Statutes. According to this interpretation of section 4886, a patentee may prove his actual date of invention by

, evidence of acts done abroad, in an infringement suit on a patent for an invention made, but not patented or published, abroad, against an alleged infringer who does not rely upon a United States patent but upon knowledge and use in this country prior to the date of the application for patent here.

On the other hand, another section of the Revised Statutes, 4923, by specific provision, prohibits the utilization of acts done abroad for the purpose of defeating a patent, or in interference proceedings. In

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