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oS “While here’ are no adjaaisatea ca cases ‘pentane sport the right oF a persone r 
“by the Government to inake experiments to discoveries made by hisu in thie co 
ye experiments, there is a dictum by Justice Field, in the case of the United State 
ae ‘Burns, 12. Wallace, page 246, where he says: “ Tf an officer in the military s servic 
* not especial y explo yed to make experiments with a view to suggested improve 
_ devises a valuable improvement, he is entitled to the benefit of it, and to letters: 
‘eat, ” etc. 
This may be held to imply the converse, that where such officer was employed to 
eS eriment he would not be entitled to patent his improvement. _ 
nder the second head, it is sufficient to s'ute that the suggestion made by ve 
_ Swenson makes a case on all fours with the gehoral doctrine leid down in the leading 
case of Agawam v. Woolen Company (7 Wallace, 583), on the relations between em- 
Ph peers and employes, and that such improveinent as he suggested would be for ie 
_ use and beriefit of his employer. f : 
The doctrine is thus stated in the opinion by Justice Clifford: : Poke 
_** Pers te employed, as much as eniployers, are entitled to their own independent _ ee 
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. inventions, but where the employer has conceived the plan of an invention and isen- vag & 
ae » gaged in experiments to perfect it, no suggestions from an employé, not amoun Sn 
pest ‘to a new method or arrangement, which in itself is a complete invention, is suite: 
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* 
ficient to deprive the employer of the exclusive property in the perfected improve- 
_ments. But where the suggestions go to make up a per ‘fect and complete machine, 
ri - embracing the substance of all that is embodied in the patent subsequently issuer 
_ to the party to whom the suggestions were made, the patent is invalid, because ~ 
_ * teal invention or discovery belongs to another,” and cases cited. 
__ Under the third head it is La agen to comment, for the thing patented not 
Bese new, the patent is saved: 
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REMEDY. ea. Je 
; rae ; 
The possession by Mr. Swenson of this patent has a serious and damaging heck 2 ee 
on the progress of the manufacture of sugar from sorghum cane in this country. Ti oe 
is a cloud on the title of the people of this country to make use of a discovery which — 
the Government has at public expehse made. Congress, in authorizing the expend-~ 
ing of $225,000 to promote this manufacture, was mindful of its great importance 
_ and the benefits to arise from utilizing sorghum cane, which could be grown over 1b. 
an immense area of this country and make valuable thousands of acres of land, and - ie 
and at the same time cause the production of the home supply of sugar. 
_. . This new enterprise has received a damaging blow, and it is desirable that the 
_ law department of the Government should take all necessary steps to protect this 
enterprise, to remove the cloud that to-day prevents the free use of this manufact- ~~ 
i ; ure as perfected by the Department of Agriculture, and secure to the people fhe (3 
full benefit of all its works. ‘ae 
» + -It is suggested that where a patent has been improperly obtained by a person emi- 
- ployed by the Government to carry on experiment for discoveries made in the course te 
ae .- of the experiments, the patentee may be restrativd by injunction from appropri- | ile 
& ating to his own use any of the rights granted hy the patent. This is the view as it 
held by Attorney-General C ‘ashing in an opinion to be found in volume 7, Opinions 
_ Attorneys-General, page 656. ASS 
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ee » EXPERIMENTS AT RIO GRANDE, N. J. ks 
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SOEs Report of H. A. Hueues. re 
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= £ * +2 
ie Sik: I have the honor to present herewith my report, as superin- | Cree 
- tendent of the experiments conducted at Rio Grande the past season, 
-.. on the manufacture of sugar from sorghum. : Ries 
we The rates Sugar House Company is located at Rio Grande,Cape — 
' - May County, N. J. The building of this company is constructed of | Me 
: -brick and iron, 30 feet square, and fully equipped with machinery _ ; 
for extracting and working into merchantable products all of, the © $s 
y sugar from 15 tons of cane per day. . % 
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