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163. Diagram of the cotton gin, patented Mar. 14, 1794, by Eli Whitney.

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164. Diagram of the reaper, patented June 21, 1834, by Cyrus H. McCormick..

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165. Diagram of the telegraph, patented June 20, 1840, by Samuel F. B. Morse

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166. Description of vulcanized rubber, patented June 15, 1844, by Charles Goodyear---.

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167. Diagram of the steam power brake, patented Apr. 13, 1869, by George Westinghouse, Jr..........

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168. Description of improvement in treating and molding pyroxyline, patented July 12, 1870, by John W. Hyatt, Jr., and Isaiah S. Hyatt..

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169. Diagram of barbed wire fences, patented Nov. 24, 1874, by Joseph F. Glidden____

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170. Diagram of the telephone, patented Mar. 7, 1876, by Alexander Graham Bell..

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171. Diagram of apparatus for electric welding, patented Aug. 10, 1886, by Elihu Thomson__

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172. Diagram of the electric motor, induction type, patented May 1, 1888, by Nikola Telsa-

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173. Diagram of the manufacture of aluminum, patented Apr. 2, 1889, by Charles M. Hall___

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174. Diagram of a machine for producing linotypes, type matrices, etc., patented Sept. 16, 1890, by Ottmar Mergenthaler.... 175. Diagram of the photogravure printing plate, patented Apr. 11, 1893 by Frederic E. Ives...

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176. Diagram of an electrical furnace, patented May 19, 1896, by Edward G. Acheson_..

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177. Diagram of a glass-shaping machine, patented Aug. 2, 1904, by Michael J. Owens..

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178. Diagram of a flying machine, patented May 22, 1906, by Orville Wright and Wilbur Wright__

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179. Chart: Applications filed and patents granted, for years 1836 to 1937, including designs and reissues-

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180. Chart: Applications filed and patents granted, for years
1921 to 1937, excluding designs and reissues -
181. Chart: Ratio of patents to population, for years 1840 to 1930-
182. Chart: Ratio of patents to technological workers, for years
1850 to 1930...

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183. Chart: Percentage of patents issued to large corporations
for years 1921 to 1938, excluding designs and reissues..
184. Chart: Number of patents issued to large corporations, for
years 1921 to 1937, excluding designs and reissues....
185. Chart: Patents issued to large corporations, for years 1921
to 1937, with ratio of patents to total assets___.
186. Chart: Number of distribution of patents as issued, for years
1921 to 1937, to individuals, to foreign corporations, to
small corporations, and to large corporations.
187. Chart: Percentage of distribution of patents as issued, for
years 1921 to 1938, to individuals, to foreign corporations,
to small corporations, and to large corporations__

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846

1127

188. Charts: Patents acquired by purchase by corporations dur-
ing the period of January 1931 to June 1938..
189. Chart: Estimated unexpired patents owned by corporations,
owning from 1 to 9000 patents each, large, foreign, and
small-subsidiaries not included with parent corporations 847
190. Chart: Estimated unexpired patents owned by large, foreign,
and small corporations owning less than 1,000 patents each
191. Chart: Patents issued to large, small, and foreign corpora-
tions for period of Jan. 1, 1931, to June 30, 1938_.
192. Organization chart of the U. S. Patent Office..
193. Chart: Procedure in obtaining patents-----
194. Chart: Examination procedure of patent application___
195. Patent 2,058,139, diagram on a reading lamp, showing what
Patent Office does and does not allow an inventor to claim.
196. Chart: Indicating the sequence and possible duration of
events relating to an invention from its conception to the
expiration of the patent....

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847

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1129

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197. Chart: Number of applications pending up to 5 years for years 1932 to 1938_._.

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198. Chart: Patent monopoly permitted under present law, and
as it would be under the proposed 20-year bill...
199. Chart: Patent monopoly on Steimer patent and divisions
showing 44-year interval between filing and expiration of
patent, and as it would be under the proposed 20-year bill.
200. Chart: Patent interferences decided on evidence, for years
1924-33.

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202. Chart: Patents in litigation, by sections of country, shown on map of the United States..

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203. Chart: A case history of the litigation on one patent-
204. Chart: Patent litigation for years 1934 to 1938-
205. Chart: Government fees in patent litigation..

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205-A. Diagram of manner of buoying vessels, patented 1849 by Abraham Lincoln_.

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206. Pamphlet: Report of the Committee of the Science Advisory Board, on the relation of the patent system to the stimulation of new industries____

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210. Tabulation: Number of patents granted by the United States

207. Photostatic copy of Letters Patent.

208. Genealogical chart of the Robbins and Lawrence shop.
209. Chart: 1924 to 1938 sales record of Motor Improvements,
Inc., and relation to patent litigation_

to residents of large foreign countries, 1930 to 1937 and
supported by similar list of smaller foreign countries. 1044
211. Tabulation: Number and proportion of patents granted by
some foreign countries to citizens or residents of the
United States....

928

1148

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212. Tabulation: Comparison of patents granted to residents of
the United States by other countries with patents granted
by the United States to residents of other countries__
213. Tabulation: Patents granted by various countries showing
proportion granted to foreigners..

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214. List: Parts of an automobile (excluding the body proper) and automobile equipment_ -

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patents (Gebrauchsmuster).

Unnumbered. Brief bibliography on short-term, minor or petty

244. Letter, dated Jan. 24, 1939, from F. B. Jewett, vice president of the American Telephone & Telegraph Co., to Hon. Joseph C. O'Mahoney, chairman, Temporary National Economic Committee, submitting information relative to the long-life vacuum tube. Entered in the record on Feb. 8, 1939..

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INVESTIGATION OF CONCENTRATION OF ECONOMIC POWER

MONDAY, JANUARY 16, 1939

UNITED STATES SENATE,

TEMPORARY NATIONAL ECONOMIC COMMITTEE,

Washington, D. C.

The Temporary National Economic Committee met pursuant to adjournment on Friday, December 16, 1938, at 10:30 a. m. in the Caucus room of the Senate Office Building, Senator Joseph C. O'Mahoney presiding.

Present: Senators O'Mahoney (chairman) and King; Representative Williams; Messrs. Henderson, Ferguson, Lubin, Patterson, Davis, Peoples, and Thorp.

Present also: Senator Homer T. Bone, of Washington, chairman of the Senate Patents Committee; Representative William I. Sirovich, of New York, chairman of the House Patents Committee. Counsel: Justin W. Macklin, First Assistant Commissioner of Patents; Henry Van Arsdale, Assistant Commissioner of Patents; Leslie Frazer, Assistant Commissioner of Patents; John A. Dienner, special counsel for committee; George Ramsey, of New York, assistant to Mr. Dienner; R. F. Whitehead, Solicitor for the Patent Office; and Grattan Kerans, Administrative Assistant to the Commissioner.

The CHAIRMAN. The committee will please come to order. Vice Chairman Sumners is detained by reason of a caucus of some kind in the House of Representatives.

The Chair will recognize Admiral Peoples, representing the Treasury Department upon the committee.

Mr. PEOPLES. Members of the committee. It becomes my sad duty to announce the sudden and untimely death of Mr. Herman Oliphant, who was a member of this committee. He was a man of the highest integrity, of unbounded energy and devotion to duty, and of unrivaled attainments in his chosen field. At the time of his death he played a truly indispensable part in carrying out the work of this Government and his passing causes irreparable loss to this committee and to the Nation.

Perhaps because he rose from humble beginnings he never disassociated himself and his ideas from the common people. Endowed with unusual vision and mental gifts of the very highest order, he devoted himself unstintingly to the public good without thought of personal gain or of the effect of his ceaseless labors upon his physical well-being.

Here is a man of whom it can truly be said that he gave his life in the service of his country.

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It is with a sense of deep personal loss that I speak briefly of Mr. Oliphant's passing, for all those who worked with him had real admiration and real affection for him as a man, and I offer, Mr. Chairman, the following resolution, and move its adoption by the committee:

Be it resolved by the Temporary National Economic Committee in meeting assembled, That the committee has learned with profound sorrow and deep regret of the announcement of the death of Mr. Herman Oliphant, a member of this committee, and that the committee deplores his untimely passing; and be it further Resolved, That the record of these proceedings be prepared and transmitted to the family of our deceased member.

Senator KING. Mr. Chairman, I second the motion.

The CHAIRMAN. You have heard the resolution. The motion is made and seconded that the resolution as presented by Admiral Peoples, alternate of Mr. Oliphant upon this committee, representing the Treasury Department, be adopted. All in favor will indicate by rising.

It is unanimously adopted.

The CHAIRMAN. The Chairman now takes the opportunity of welcoming to membership upon this committee the Honorable Clyde Williams of the House of Representatives from the State of Missouri, who has been appointed by the Speaker of the House of Representatives to take the place made vacant by the resignation of Congressman Eicher, recently appointed to the Securities and Exchange Commission.

Congressman Williams, we are glad to have you with us, and we are sure that your presence is going to help us struggle along with this problem.

Congressman WILLIAMS. Thank you. I am glad to be with you. The CHAIRMAN. The committee has been called this afternoon in pursuance of the decision reached at the last public hearing for the purpose of presenting additional testimony with respect to patents. This hearing is under the direction of the Department of Commerce. The Chair will recognize Secretary Patterson to open the hearing.

EXAMINATION OF THE PATENT LAWS AND OPERATION OF INDUSTRY UNDER THEM

Mr. PATTERSON. Mr. Chairman and members of the committee: From December 5 to December 16, 1938, the Department of Justice presented evidence before this body concerning the patent experience of two major industries. At that time, according to the statement of the Department of Justice, interest was centered upon the question of "the relationship between patent practices and the free and open market which it is the purpose of the antitrust laws to maintain.” This earlier hearing was "not concerned with the patent law as such or with the details of its administration." To be sure significant evidence was introduced with regard to certain practices in connection with the administration of the patent law, but this was an incidental byproduct of the basic inquiry.

The discussion of the patent laws is resumed today from a somewhat different angle. We are concerned primarily with such questions as: What is a good patent law; does the present law fulfill its constitutional purpose; and, in the light of our modern business

1 Sec Hearings, Part II.

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