PAGE NO NO. OF PAGES SCHEDULE QM-30-280-51-NEG-871 3 5 100% DOMESTIC PACKING PACKING & Cloth shall be packed for Domestic Shipment in accordance with requirements set forth in U.S. Army Specification No. 100-42 dated 24 May 1945 and Amendment No. 1 dated 31 October 1945 Para. G-2B (2) Rolls. MARKING: Shipping containers shall be marked in accordance with QMC Tentative PIECE TICKETS: Shall be in accordance with Paragraph 3.7 of Specification PACKING OF SHORT LENGTHS: Pieces under 80 yards in length will be packed separately. Marking of the containers shall clearly indicate "Short Lengths" followed by range of lengths included in the contents. This information is to follow immediately after the nomenclature. CONTRACTOR'S INSPECTION: Grade "B". The contractor shall inspect his product (Hooker or similar continuous method); mark, (Commercial method) defects affecting strength or serviceability such as Holes, Torn Places, Cuts, Smashes, Multiple Warp and/or Filling Floats, Thin Filling Bars, Thin or Weak Places, etc., if not previously removed and submit as deliveries only that portion complying with contractual requirements. No further marking of defects required in Contractor's Inspection. Deductions in yardage will not be made by the Contractor for defects found and only gross yardages will be submitted to the Government for acceptance. DEDUCTION: Deduction in yardage at the rate of yard will be made for each defect found during the course of inspection by the Government. If continuous defects of a length greater than yard occur, such as missing warp threads, coarse ends or bad selvages, a deduction of yard will be made for each yard or fraction thereof of the defect plus deduction' for other defects, or if the continuous defect covers an extensive area damaging the cloth for more than of the width, such as large oil spots or dye stains, a deduction of yard will be made for each or fraction thereof of the warp-wise dimension of the defect. Such deduction against the gross yardage submitted, will be based on a partial inspection by the Government and pro-rated throughout the entire shipment on a gross yardage ratio. Additional General Provision No. 21 (NYQM Form 545) to include the following: "(V) Any claim for infringement of any of the following patents assigned to Wm. E. Hooper & Sons Company, or of any reissues, divisions, or extensions of such patents as they relate to contracts for the procurement of fire, water, mildew and/or weather-resistant fabrics and to contracts for the application of fire, water, mildew and/or weather-resistant finishes to fabrics: Provided that the Contractor, prior to commencing work under this contract, requests Wm. E. Hooper & Sons Company in writing to grant the Contractor a royalty-free non-exclusive license for the period of the war and six monts thereafter to finish fabrics for the Government in accordance with any of the above patents owned by Wm. E. Hooper & Sons Company, and further provided that the Contractor certifies that the contract price includes no cost factor to cover the contingency of liability for infringement of any of the above patents owned by Wm. E. Hooper & Sons Company. This sub-para. V applies whether or Not Wm. E. Hooper & Sons Company DD.351-1 10-63170-1 U.S. GOVERNMENT PRINTING OFFICE NOTE: All documents relative to this procurement will bear reference to 49-010-ORDIP-12-51 REQN DESTINATION: To be supplied at a later date. The contractor warrants that the prices herein are not in excess of applicable ceiling prices, established by the ESA (Economic Stabilization Agency) or other authorized Government Agencies and in effect upon the date hereof for the Supplies or Services to be furnished hereunder. DD.351-1 30-88170-8 & GOVERNMENT PRINTING OFFICE TERMS AND CONDITIONS: The following terms and conditions are made a part of this Proposal and of any award and contract resulting therefrom: 4. 6. 6. Additional General Provisions No. 21 to 28 inclusive (NYQMPA FORM 545 Except that Gen. Prov. 21 (form 545) is amended to include - see page 3 & 4 by conditions set forth in Clause No. 4 of the General Provisions, Standard Form 82. INSPECTION BY THE GOVERNMENT: (a) Saving and reserving to the Government all rights under the Inspection Provision, the procedure of Inspection and Acceptance at Contractor's plaat will be followed. (b) When supplies are ready for Inspection, AND BEFORE SHIPMENT, the successful bidder will communicate directly with the Inspector assigned to the contract or, if inspector has not yet been assigned, notify Chief, N. Y. QM Inspection Division, NYOMPA, 111 Bast 16th Street, New York 3, New York, TELEPHONE - SPring 7-4200, Bxt. 387, which telephone call, if made, shall be confirmed by the contractor in writing. VISUAL EXAMINATION: The Government reserves the right to reject any lot in its entirety if a sample of a lot is found to coatain more than GRADE B INSPECTION APPLICABLE the defects and classification thereof being listed in Standard Inspection Procedure (SIP) No. a copy of which is available upon request to the Contracting Officer. The Government further reserves the right to reject any defective product found in the course of inspection whether or not the lot as a whole is accepted. SAMPLES: Preproduction samples will will not be required. If not required, this clause will constitute a waiver of any such requirement in the specification. If required, samples will be furnished at no expense to the Government to Commanding General, Philadelphia QM Depot, 2800 South 20th Street, Philadelphia 46, Pennsylvania, Atta: General Testing Laboratory Division, identified by item nomenclature, Request and Proposal Number, and, if available, contract number. If not destroyed by testing, they will be returned at bidder's request and expense unless otherwise specified in the Schedule. DESTINATIONS - SHIPMENTS: If the destinations and the quantities to be shipped to each destination are not shown on resulting awards, shipments will be made only in the quantities and to the destinations specified in distribution orders and/or shipping documents to be issued by this Office. TO BE COMPLETED BY BIDDER 1. NUMBER OF SHIPMENTS: Specify the number of individual shipments per month that you will make to cover the quantity bid for in accordance with the delivery schedule outlined herein or as offered in your proposal. Number of shipments expected per month for months. 2. INDUSTRIAL MOBILIZATION PLANNING PROGRAM: Indicate if you have accepted a "Tentative Schedule of Production" and are now a planned producer and allocated facility under the Industrial Mobilization Planning Program of any Department or Service of the Department of Defense NOTE: NO YES (Specify Department(s), Office(a) and Address) THIS INFORMATION IS REQUIRED SOLELY FOR MAINTENANCE OF PLANNING RECORDS AND WILL NOT IN ANY 3. NOTICE OF NO AWARD: Notice of NO Award will be furnished unsuccessful bidders if desired. NO YES 4. NAME & LOCATION OF PLANT(S) COLLECT TELEGRAM) Mr. BRYSON. Mr. Barnes. Mr. HARRIS. Mr. Chairman, may I introduce two letters, one from the National Advisory Committee for Aeronautics and one from the New Jersey Patent Law Association? Mr. BRYSON. Yes. Mr. WILLIS. What is the substance of their position? Mr. HARRIS. The New Jersey Patent Law Association is opposed. The National Advisory Committee for Aeronautics has no interest in the proposed legislation but the executive secretary of that association expresses his personal opposition. (Letters referred to follow :) Hon. EMANUEL CELLER, NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS, Chairman, Committee on the Judiciary, Washington, D, C., June 19, 1951. House of Representatives, Washington 25, D. C. DEAR MR. CELLER: Permit me, in the absence of Chairman Hunsaker, to reply to your letter of May 22 and your earlier communication of March 9 in which you requested an expression of the views of this Committee concerning two bills, H. R. 323 and H. R. 4054, relating to patents. H. R. 323 is intended to provide for the extension of terms of patents in cases in which the use, exploitation, or promotion thereof was prevented, impaired, or delayed by causes due to war, national emergency, or other causes. As written, the bill includes in section 6 (b) a provision that no extension granted thereunder shall in any way serve as a basis for any claim by reason of manufacture, use, or sale by or for the United States during the period of extension. Inasmuch as the rights of the United States are to remain unchanged under the bill, it does not appear that this agency has any interest in this proposed legislation. I would like to add that I do not personally favor the proposed legislation because of the difficulties which would undoubtedly be encountered in its administration and the consequent burden which would be placed upon the Patent Office, and, also, because it would favor one particular class of citizens, the holders of United States patents, to the exclusion of others who also suffer from the effects of war. H. R. 4054, although limited in application to a specific period of time, contains essentially the same provisions as H. R. 323, and the same comments apply. In view of the foregoing statement, it does not appear to be necessary for the NACA to be represented at the scheduled hearing on June 20. The Bureau of the Budget advises that there is no objection to the submission of these comments. Sincerely yours, J. F. VICTORY, Executive Secretary. NEW JERSEY PATENT LAW ASSOCIATION, COMMITTEE ON THE JUDICIARY, House of Representatives, Washington, D. C. (Attention: C. Murray Bernhardt, Esq.) RESOLUTION WHEREAS: the New Jersey Patent Law Association opposes in principle H. R. 323 (Reed), H. R. 3231 (Davis), and H. R. 4054 (Walter), which, in general, provide for the extension of terms of patents not fully utilized by reason of war or other emergency; and WHEREAS: it is the sense of this association that these bills are not in the public interest and there is no apparent need for them at this time; and WHEREAS adequate provision already exists for extension of terms of patents in particular cases; and WHEREAS the uncertainty and hardships which would bear upon the general public by virtue of the provisions of these bills far outweigh any possible advantages to individual patentees: The New Jersey Patent Law Association, upon motion duly made and seconded, has passed a resolution to the effect that the association is opposed to the bills identified above and to the general principle insofar as that principle may be reasserted in successive bills. MAURICE W. LEVY, Chairman, Legislation Committee. STATEMENT OF WILLIAM B. BARNES, MUNCIE, IND. Mr. BARNES. I am 53 years old and live in Muncie, Ind. I am here of my own initiative, at my own expense, and entirely in my own behalf. By profession I am a mechanical engineer with an appropriate background of two university degrees, and 31 years of practical experience. For the past 19 years I have been on no one's payroll. I make my living from inventions, and I am neither a starving gadgeteer nor a so-called "kept" inventor of a great corporation. Through a combination of good choice of technical principles, good timing, good bargaining, and good luck, I have had a reasonable measure of commercial success. My activities have been in the automotive field, and of some 22 patents naming me as the inventor, only 8 have yielded me any financial returns worth mentioning. These have related to transmission devices for automobiles, namely, the overdrive and one type of automatic transmission. The overdrive began production in its first form in 1934, and in a second and improved form, in 1940, which latter form is still in production. Quantitatively, this production has been as follows: Mr. WILLIS. Practically Does General Motors? 45, 718 1944. 164, 018 1945_ 181, 870 1946_ 89, 582 1947. 156, 516 1948. 163, 453 1949. 131, 611 1950. 8,408 1951 (estimated). 3 36 349 145, 485 322, 884 663, 732 818, 907 1,019, 613 750,000 all of the major manufacturers use that. Mr. BARNES. No, sir. General Motors Corp. uses automatic transmissions which their salesmen may offer as overdrives. Mr. WILLIS. What is on the Oldsmobile? Mr. BARNES. You have a direct drive in fourth gear. Mr. BRYSON. What do I have on my Lincoln? Mr. BARNES. It depends upon when you bought it. Mr. BRYSON. Christmas. It gives me trouble in the South. Mr. BARNES. You will be able to live that down. Mr. BRYSON. I told them that Lincoln was a southerner. Mr. BARNES. I can sympathize with that view. I am from Arkansas. Mr. WILLIS. Have you succeeded in outwitting them? Mr. BARNES. I don't know. Mr. WILLIS. You said out of 21 patents 8 were successful? Mr. BARNES. They have earned me a living. Mr. WILLIS. If you drilled 21 oil wells and got 8 gushers you would be all right. |