Evening star., 1933-04-11
LTHoUGH the United Stat

A THOUGH the United States
~ Supreme Court decided big
~ point in their favor yesterday,
\ there still remain years of liti-
cation before two Washington
inventors can gather, If ever, the fruits
of their invention, which, they con-
tend. first made it possible to plug a
radio into house socket.
While millions all over the world
have been enjoying the invention they
say is theirs, F. w. Dunmore. an as
sistant physicist at the Bureau OF
gineer with the Airways Division of
the Commerce Department, have since
1921 been fighting for their patent In
courts all the way up to the highest
tribunal. They can see little but liti-.
CATION ahead Of them, with much of 1t
pending now In the District Supreme
Court.
Important Invention.
Back in 1921, then just struggling
young scientists, they evolved a device
that would take the hum out Of a
radio receiver when raw, alternating
ton eliminated expensive dry cells and
unsatisfactory storage batteries, and
was q boon to the radio industry.
Lowell at the time was earning 81 $50
year at the Bureau of Standards, and
also worked in q bowling alley for a
small sum at night Dunmore was
making 81 400 year.
The invention was granted patent,
after much litigation within the Patent
Once. Their patent has but seven
years more to run before it becomes
public property, but all they have re-
ceived from it is publicity and numer-
GUS court hearings. They have de-
Tended their patent not only against
other inventors who claim they invented
the device first, but they had to defend
the suit that was decided yesterday in
their favor against the Unfted States
Government.
Other Suits.
There remain in the District Supreme
Court suits of the Westinghouse Electric
and Manufacturing Co., which claims
their employe, Michael I. Pupine, In
vented the device; of Albert s. Blatter-
man Of the Murad Radio, Inc, who
claims he invented the device, and OF
Robert D. Duncan, jr., Of Wired Radio,
Inc, who also asserts he invented it.
Then, when and If that litigation Is
disposed of, it is probable they will have
to enter into further litigation to col
lect from manufacturers using the de-
vice whatever might be coming to them
as the result of the use of it.
With such litigation yet unsettled.
and the prospect of an adverse decision
unsettling their plans, they are not
counting on what they can eventually
get out of the invention. They have no
way of telling, but If their contentious
are upheld throughout they may be
rich-some day.
Yesterdays decision of the Supreme
Court, with Chief Justice Hughes and
Justices Stone and Cardozo dissenting,
involved the broad principle of an en-
ploye of the Government assigning
patent to an industrial concern even
though the invention Eesulted from work
done on Government time and with
Government materials. The Supreme
Court held that they were entitled to
the patent and to enjoy the fruits, If
any, Of it.
General Victory.
It was not only victory for Dunmore
and Lowell, but also for hundreds Of
! scientists in the Government service
who have contributed in the past i'm
portant inventions both to industry and
to the Government without, in some
cases, receiving additional compensation
for them.
The decision brought out, however,
that others, notably the present director
| of the Bureau of Standards, Lyman K
Briggs, have profited from inventions
made on Government time. DR.. Briggs
with Paul r. Heyle, according to thI
record, assigned patents on aeronau-
tical instruments to Pittsburgh con-
Germ, while Frederick A. holster, while
a Government employe, assigned radio
compass patents to industrial concerns
The court also held in the case OF
Dunmore and Lowell that their inveE-
tion is not of peculiar use to the Gov
ernment, such as a new weapon would
be, but rather that it produced happi-
ness in the home, and was of UNI
versal use, and that it should be the
property Of the inventor.
The Government selected the case
of Dunmore and Lowell to establish
the point as to whether Government
scientists were entitled to invention.
evolved on Government time. The cas-
was fought vigorously, with the two
inventors winning all the way.
Now. with that out of the way, they
and their attorney, John D. Brady car
settle down to a few more years o.
! litigation to decide If 1t Is really theil
patent and what, If anything, they ar;
to get out OF 1t.
Bowie PIT. A. to Meet.
/