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classified on the books of the Treasury as trust funds. All moneys accruing to these funds are hereby appropriated, and shall be disbursed in compliance with the terms of the trust. Hereafter moneys received by the Government as trustee analogous to the funds named in subsections (b) and (c) of this section, not otherwise herein provided for, except moneys received by the Comptroller of the Currency or the Federal Deposit Insurance Corporation, shall likewise be deposited into the Treasury as trust funds with appropriate title, and all amounts credited to such trust-fund accounts are hereby appropriated and shall

be disbursed in compliance with the terms of the trust:

Provided further, That on June 30 of each year there shall be transferred to the trust fund receipt account directed to be established in section 17 of this Act [31 U. S. C., sec. 725p) such portion of the balances in any trust-fund account hereinbefore or hereafter listed or established, except the balances in the accounts listed in subsection (c) of this section, which have been in any such fund for more than one year and represent moneys belonging to individuals whose whereabouts are unknown, and subsequent claims therefor shall be disbursed from the trust fund receipt account“ Unclaimed Moneys of Individuals whose Whereabouts are Unknown", directed to be established in section 17 of this Act.

(13) Cooperative work, Forest Service (3c209). (June 26, 1934, sec. 26, 48 Stat. 1233; 31 Ú. S. C., sec. 725s.)

1757. Checks payable only until close of following fiscal year; amounts not presented deposited to credit of “Outstanding Liabilities.”—Hereafter all checks drawn on the Treasurer of the United States, except those issued on account of public-debt obligations and transactions regarding the administration of banking and currency laws, shall be payable only until the close of the fiscal year next following the fiscal year in which such checks were issued, and the amounts of all such checks properly due and payable which have not been presented for payment within such period shall be deposited into the Treasury to the credit of a trust fund account entitled “ Outstanding Liabilities (fiscal year)”, designated by fiscal years in which the checks were issued. The balances in the outstanding liabilities account now carried on the books of the Government representing the amounts of unclaimed checks, shall be transferred to the account “Outstanding Liabilities, 1934", and any balances remaining therein, or in any succeeding fiscal year account, unclaimed for two fiscal years after the deposit therein shall be covered into the surplus fund of the Treasury: Provided, That the balances to the credit of the outstanding liabilities account of any fiscal year which has not been covered into the surplus fund of the Treasury shall be available to pay claims on account of any check, the amount of which has been included in any balance so covered into the surplus fund. (June 26, 1934, sec. 21, 48 Stat. 1235; 31 U.S. C., sec. 725t.)

1758. Survey by Comptroller General of inactive accounts.—The Comptroller General of the United States shall cause a survey to be made of all inactive and permanent appropriations and/or funds on the books of the Government and also funds in the official custody of officers and employees of the United States, in which the Government is financially concerned, for which no accounting is rendered to the General Accounting Office; and he shall submit to the Congress annually, in a special report, his recommendations for such changes in existing law relating thereto as, in his judgment, may be in the public interest. (June 26, 1934, sec. 24, 48 Stat. 1236; 31 U. S. C., sec. 725w.)

1759. Act not to affect existing authorizations for appropriation.— The provisions of this Act shall not be construed to alter or amend any existing authorization for an appropriation. (June 26, 1934, sec. 25, 48 Stat. 1236; 31 U. S. C., sec. 725x.)

1760. Inconsistent laws repealed.-All Acts and/or parts of Acts inconsistent or in conflict with the provisions of this Act are hereby repealed to the extent of such inconsistency or conflict. (June 26, 1934, sec. 26, 48 Stat. 1236; 31 U. S. C., sec. 725y.)

1761. Short title. The short title of this Act shall be the “ Permanent Appropriation Repeal Act, 1934.” (June 26, 1934, sec. 27, 48 Stat. 1236; 31 U. S. C., sec. 725z.)

NATIONAL GUARD 1762. Exemptions from militia duty.-The Vice President of the United States; the officers, judicial and executive, of the Government of the United States and of the several States and Territories; persons in the military or naval service of the United States; customhouse clerks; persons employed by the United States in the transmission of the mail; artificers and workmen employed in the armories, arsenals, and navy yards of the United States; pilots; mariners actually employed in the sea service of any citizen or merchant within the United States, shall be exempt from militia duty without regard to age. (June 3, 1916, sec. 59, 39 Stat. 197; 32 U. S. C., sec. 3.)

1763. Government employees in National Guard; leave of absence for training period.—All officers and employees of the United States and of the District of Columbia who shall be members of the National Guard shall be entitled to leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they shall be engaged in field or coast-defense training ordered or authorized under the provisions of this Act. (June 3, 1916, sec. 80, 39 Stat. 203; 32 U. S. C., sec. 75.)

1764. Same.-All officers and employees of the United States and of the District of Columbia who are members of the National Guard shall be entitled to leave of absence from their respective duties, without loss of pay or time, on all days of any parade or encampment ordered or authorized under the provisions of this Act. This section shall be construed as covering all days of service which the National Guard, or any portion thereof, may be ordered to perform by the commanding general. (Mar. 1, 1889, 25 Stat. 779, sec. 49; July 1, 1902, 32 Stat. 615; Feb. 18, 1909, 35 Stat. 634; 20 Dist. of Col. Code, sec. 1493.)

NAVIGATION AND NAVIGABLE WATERS

BUREAU OF LIGHTHOUSES AND LIGHTHOUSE SERVICE 1765. Appropriations for Lighthouse Service available for cooperation with Forest Service.—That hereafter the annual appropriations for the Lighthouse Service shall be available for defraying the expenses of cooperation between the Lighthouse Service and the Forest Service in the management of forest land on lighthouse reservations. (Mar. 3, 1915, sec. 6, 38 Stat. 928; 33 U. S. C., sec. 756.)

NAVY

NAVAL PROPERTY, STORES, SUPPLIES, AND CONTRACTS 1766. Transfer of land selected for naval radio stations from other departments, etc., to Navy Department.—That such land of the United States under the control of a particular department or other branch of the Government that has been or may hereafter be mutually selected as a site for a naval radio station may, by direction of the President, be transferred to and placed under the control and jurisdiction of the Navy Department for use as a naval radio station or other naval purposes." (Aug. 29, 1916, 39 Stat. 606; 34 U. S. C., sec. 523.)

RESERVE FORCES AND NAVAL MILITIA 1767. Naval Reserve; leave of absence of United States employees for training duty.-That all officers and employees of the United States or of the District of Columbia, who are members of the Naval Reserve, shall be entitled to leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they are employed, under orders, on training duty for periods not to exceed fifteen days in any one calendar year. (Feb. 28, 1925, sec. 36, 43 Stat. 1089; 34 U. S. C., sec. 768.)

PATENTS

1768. Inventions patentable.-Any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvements thereof, or who has invented or discovered and asexually reproduced any distinct and new variety of plant, other than a tuber-propagated plant, not known or used by others in this country before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, or more than two years prior to his application, and not in public use or on sale in this country for more than two years prior to his application, unless the same is proved to have been abandoned, may, upon payment of the fees required by law, and other due proceeding had, obtain a patent therefor. (R. S., sec. 4886; May 23, 1930, sec. 1, 46 Stat. 376; 35 U.S. C., sec. 31.)

1769. Plants.—Notwithstanding, the foregoing provisions of this Act [35 U. S. C., sec. 31), no variety of plant which has been introduced to the public prior to the approval of this Act shall be subject to patent. (May 23, 1930, sec. 5, 46 Stat. 376; 35 U.S. C., sec. 32a.)

1770. Separability. If any provision of this Act [35 U. S. C., secs. 31, 32, 33, 35, 40, 56a) is declared unconstitutional or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and the application thereof to other persons or circumstances shall not be affected thereby. (May 23, 1930, sec. 6, 46 Stat. 376; 35 U. S. C., sec. 32b.)

1771. Application for patent; description; specification and claim.-Before any inventor or discoverer shall receive a patent for his invention or discovery he shall make application therefor, in writing, to the Commissioner of Patents, and shall file in the Patent Office a written description of the same, and of the manner and process of making, constructing, compounding, and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same; and in the case of a machine, he shall explain the principle thereof, and the best mode in which he has contemplated applying that principle, so as to distinguish it from other inventions; and he shall particularly point out and distinctly claim the part, improvement, or combination which he claims as his invention or discovery. The specification and claim shall be signed by the inventor. No plant patent shall be declared invalid on the ground of noncompliance with this section if the description is made as complete as is reasonably possible. (R. S., sec. 4888; Mar. 3, 1915, sec. 1, 38 Stat. 958; May 23, 1930, sec. 2, 46 Stat. 376; 35 U. S. C., sec. 33.)

1772. Same; drawings, specimen of ingredients or models to accompany.-When the nature of the case admits of drawings, the applicant shall furnish one copy signed by the inventor or his attorney in fact, which shall be filed in the Patent Office; and a copy of the drawing to be furnished by the Patent Office, shall be attached to the patent as a part of the specification. When the invention or discovery is of a composition of matter, the applicant, if required by the commissioner, shall furnish specimens of ingredients and of the composition, sufficient in quantity for the purpose of experiment. In all cases which admit of representation by model, the applicant, if required by the commissioner, shall furnish a model of convenient size to exhibit advantageously the several parts of his invention or discovery. (R. S., secs. 4889 to 4891; Mar. 3, 1915, sec. 2, 38 Stat. 959; 35 U. S. C., sec. 34.)

1773. Same; oath of applicant.--The applicant shall make oath that he does verily believe himself to be the original and first inventor or discoverer of the art, machine, manufacture, composition, or improvement, or of the variety of plant, for which he solicits a patent; that he does not know and does not believe that the same was ever before known or used; and shall state of what country he is a citizen. Such oath may be made before any person within the United States authorized by law to administer oaths, or, when the applicant resides in a foreign country, before any minister, chargé d'affaires, consul, or commercial agent holding commission 'under the Government of the United States, or before any notary public, judge, or magistrate having an official seal and authorized to administer oaths in the foreign country in which the applicant may be, whose authority shall be proved by certificate of a diplomatic or consular officer of the United States. (R. S., sec. 4892; Mar. 3, 1903, sec. 2, 32 Stat. 1226; May 23, 1930, sec. 3, 46 Stat. 376; 35 U. S. C., sec. 35.)

1774. Patent; contents and duration. -Every patent shall contain a short title or description of the invention or discovery, correctly indicating its nature and design, and a grant to the patentee, his heirs or assigns, for the term of seventeen years, of the exclusive

right to make, use, and vend the invention or discovery (including in the case of a plant patent the exclusive right to asexually reproduce the plant) throughout the United States and the Territories thereof, referring to the specification for the particulars thereof. A copy of the specification and drawings shall be annexed to the patent and be a part thereof. (R. S., sec. 4884; July 8, 1870, 16 Stat. 201; May 23, 1930, sec. 1, 46 Stat. 376; 35 U. 6. C., sec. 40.)

1775. Representation of heads of departments requesting expedition of patents. That in every case where the head of any Department of the Government shall request the Commissioner of Patents to expedite the consideration of an application for a patent it shall be the duty of such head of a Department to be represented before the Commissioner in order to prevent the improper issue of a patent. (Mar. 3, 1897, sec. 7, 29 Stat. 694; 35 U.S. C., sec. 43.)

1776. Patents; issue to Government officers for inventions used in public service.—The Commissioner of Patents is authorized to grant, subject to existing law, to any officer, enlisted man, or employee of the Government, except officers and employees of the Patent Office, a patent for any invention of the classes mentioned in section 4886 [35 U.S.C., sec. 31) of the Revised Statutes, without the payment of any fee when the head of the department or independent bureau certifies such invention is used or liable to be used in the public interest: Provided, That the applicant in his application shall state that the invention described therein, if patented, may be manufactured and used by or for the Government for governmental purposes without the payment to him of any royalty thereon, which stipulation shall be included in the patent. (Mar. 3, 1883, 22 Stat. 625; Apr. 30, 1928, 45 Stat. 467; 35 U. S. C., sec. 45.)

1777. Secretary of Agriculture when required to furnish information, and detail employees to Commissioner of Patents. The President may by Executive order direct the Secretary of Agriculture (1) to furnish the Commissioner of Patents such available information of the Department of Agriculture, or (2) to conduct through the appropriate bureau or division of the department such research upon special problems, or (3) to detail to the Commissioner of Patents such officers and employees of the department, as the commissioner may request for the purposes of carrying this Act (35 U. S. C., secs. 31, 32, 33, 35, 40] into effect. (May 23, 1930, sec. 4, 46 Stat. 376; 35 U. S. C., sec. 56a.)

1778. Suit for unlicensed use of invention by United States. That whenever an invention described in and covered by a patent of the United States shall hereafter be used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, such owner's remedy shall be by suit against the United States in the Court of Claims for the recovery of his reasonable and entire compensation for such use and manufacture: Provided, however, That said Court of Claims shall not entertain a suit or award compensation under the provisions of this Act where the claim for compensation is based on the use or manufacture by or for the United States of any article heretofore owned, leased, used by, or in the possession of the United States: Provided further, That in any such suit the United States may avail itself of any and all defenses, general or special, that might be pleaded by a defendant in an action for infringement, as set forth in Title Sixty of the

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