1919, March 3, 40 Stat. 1302, Arrowhead Springs Co---1919, July 11, 41 Stat. 104, Standard Steel Car Co_____. 1920, May 18, 41 Stat. 601: 211 445 Brown 172 558 Page 1920, June 4, 41 Stat. 759, Johnson_. 1920, June 5, 41 Stat. 988, John Russell Smith___ 318 182 1921, March 3, 41 Stat. 1252, United Theatres Co‒‒‒‒‒‒ 1921, November 23, 42 Stat. 227: 432 1925, March 4, 43 Stat. 1313, Yale & Towne Mfg. Co-‒‒‒‒‒ 618 CASES DECIDED IN THE COURT OF CLAIMS FEBRUARY 4, 1929 (IN PART), TO MAY 31, 1929 CARL G. ALLGRUNN v. THE UNITED STATES [No. 34696] On the Proofs Patents; validity; infringement.-The Allgrunn patent on rifling tool and method of using same, Letters Patent No. 1311107, granted July 22, 1919, held valid, and infringed by the United States. Same; secrecy order, act of October 6, 1917; withholding grant of patent. The provision in the act of October 6, 1917, granting the right of suit for compensation in the Court of Claims to one "whose patent is withheld," for reasons of public safety, until the termination of war, gives the inventor a cause of action against the United States, if after tender of his invention the United States uses it, prior to the grant of patent, when the same is ultimately granted, and is not limited to the suspension of an allowed application for patent. Same; abandonment in prior art.-Where a device is merely a casual mechanism designed to accomplish a single purpose, is immediately abandoned, and the thing accomplished is nothing more than a simulation of what the patent in question actually attains, the device is not anticipatory. Same; new combination of old elements; accomplishment.-The combination of old elements in such a way as to accomplish a result not attainable by previous combinations is invention. Same; tender of use.-Where the Government continues the use of an invention after tender under the act of October 6, 1917, the relief afforded the inventor includes unauthorized use preceding tender. 1 Reporter's, Statement of the Case Same; acquiescence by the Government of use by Government contractors. Where Government contractors, working on a costplus basis, employ, with the knowledge, acquiescence, and encouragement of the Government and to its benefit, an invention the use of which is tendered the Government under the act of October 6, 1917, the inventor may recover for such use by suit in the Court of Claims. Same; recovery by employee of Government contractor.-An employee of a Government contractor using his employer's labor and property to perfect his invention, and assenting to the use of his invention by his employer, can not recover from the United States compensation for such use. The Reporter's statement of the case: Mr. Frank Keiper for the plaintiff. Mr. John S. Bradley, with whom was Mr. Assistant Attorney General Herman J. Galloway, for the defendant. Mr. Harry E. Knight was on brief. Decided December 3, 1928. Withheld from preceding volume. The court made special findings of fact, as follows: I. Plaintiff has been a naturalized citizen of the United States since 1888 and during the time covered by the claim herein resided in Rochester, New York. II. Plaintiff since becoming a citizen of the United States has borne true allegiance to the United States and has never voluntarily aided or abetted or given encouragement to rebellion against the United States or to the enemies of the United States. III. Plaintiff is an experienced maker of cannon, having worked at the making, rifling, and finishing of cannon at the shops of the Bethlehem Steel Company, Bethlehem, Pa., From July, 1900, to November, 1916, first as machinist and thereafter for eleven years as foreman of the finishing department in gun shop No. 2, in which capacity he had charge of all the tool making and finishing of sights, making of rifling heads, and finishing of gun mechanisms, and the assembly work connected therewith. IV. In June, 1917, plaintiff accepted employment at the Symington-Anderson Company, of Rochester, New York, |