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Measures for Progress: A History of the National Bureau of Standards

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CURTAILMENT BY LIMITATION OF FUNDS 349<br />

time, and <strong>Bureau</strong> policy, as elsewhere in <strong>the</strong> Federal establishment, continued<br />

vague and uncertain <strong>for</strong> almost ano<strong>the</strong>r two decades.<br />

<strong>Bureau</strong> appropriations between 1932 and 1933, as <strong>the</strong> Science Advisory<br />

Board reported, fell by half, and fur<strong>the</strong>r diminished by <strong>the</strong> sums diverted to<br />

<strong>the</strong> testing work <strong>of</strong> <strong>the</strong> <strong>Bureau</strong>, left its research funds reduced by almost 70<br />

percent. Equally imperiled was <strong>the</strong> fundamental research carried out under<br />

statutory salaries and investigations under special appropriations. Among<br />

projects in <strong>the</strong> latter category, two were scheduled <strong>for</strong> early termination, <strong>the</strong><br />

whole <strong>of</strong> <strong>the</strong> levulose program and all research on utilization <strong>of</strong> waste prod.<br />

ucts <strong>of</strong> <strong>the</strong> land, <strong>the</strong> second by transfer to <strong>the</strong> Department <strong>of</strong> Agriculture.149<br />

Except in <strong>the</strong> <strong>Bureau</strong>'s huge industrial research and standardization pro-<br />

grams, however, most <strong>of</strong> <strong>the</strong> o<strong>the</strong>r cuts in special appropriations did not ex-<br />

ceed 15 percent. And in <strong>the</strong> research funds transferred to <strong>the</strong> <strong>Bureau</strong> from<br />

o<strong>the</strong>r Government agencies, slashes ranged between 10 and 50 percent. The<br />

necessity <strong>for</strong> economy was <strong>the</strong> sole justification <strong>of</strong>fered.<br />

A member <strong>of</strong> <strong>the</strong> metallurgy division who had left <strong>the</strong> <strong>Bureau</strong> several<br />

years be<strong>for</strong>e to become director <strong>of</strong> <strong>the</strong> Battelle Memorial Foundation wrote<br />

between <strong>Bureau</strong> members or between <strong>the</strong> <strong>Bureau</strong> <strong>of</strong> <strong>Standards</strong> and industries and<br />

o<strong>the</strong>r organizations."<br />

Lowell and Dunmore gained little from <strong>the</strong>ir revolutionary invention. Granted a license<br />

by <strong>the</strong> inventors to manufacture <strong>the</strong> device in 1922, Dubilier in turn licensed it to<br />

Philco and several o<strong>the</strong>r interested makers <strong>of</strong> radios. Then in 1924 <strong>the</strong> Radio Corp. <strong>of</strong><br />

America (RCA), largest <strong>of</strong> <strong>the</strong> radio manufacturers, developed a heater type <strong>of</strong> vacuum<br />

tube that per<strong>for</strong>med as well with alternating house current as <strong>the</strong> Lowell-Dunmore unit.<br />

Within a year or two most radios sold to <strong>the</strong> public were operating on house current<br />

with <strong>the</strong> RCA tube (see "The electric light socket and our vacuum, tubes," Sci.<br />

Am. 132, 240, 1925.)<br />

Dubilier at once sued RCA <strong>for</strong> infringement <strong>of</strong> <strong>the</strong> patents and won <strong>the</strong> first round<br />

in <strong>the</strong> Delaware courts. When RCA <strong>of</strong>fered to settle out <strong>of</strong> court and Dubilier refused,<br />

RCA appealed. The case was finally adjudicated in 1937 in favor <strong>of</strong> RCA when it was<br />

decided that <strong>the</strong> Lowell and Dunmore patents were not valid by reason <strong>of</strong> priority and<br />

<strong>the</strong> only new element in <strong>the</strong> invention, <strong>the</strong> suppression <strong>of</strong> a.c. hum, was inherent in <strong>the</strong><br />

RCA tube and constituted no infringement (interview with P. D. Lowell, Nov. 12,<br />

1963).<br />

Stratton's patent policy announced in 1922 continued in <strong>for</strong>ce until modified in 1940,<br />

when patents were procured by <strong>the</strong> Justice Department and assigned to <strong>the</strong> Secretary <strong>of</strong><br />

Commerce <strong>for</strong> licensing under terms he prescribed (Hearings * * * 1942, Feb. 11, 1941,<br />

p. 219, and policy letter, LJB, Feb. 16, 1944, NBS Box 489, AGP).<br />

The long-accepted Federal policy <strong>of</strong> permitting employees to retain title to <strong>the</strong>ir in-<br />

ventions ended on Jan. 23, 1950, when by Executive Order 10096 it was announced that<br />

all rights to any invention developed by a Government employee in <strong>the</strong> course <strong>of</strong> his<br />

assigned work belonged to <strong>the</strong> Government (see app. C).<br />

140 Some cherished research died hard. As late as 1939, Dr. Briggs requested experi-<br />

ments on <strong>the</strong> possible use <strong>of</strong> levulose or xylose in <strong>the</strong> quick-freezing process <strong>for</strong> preserv-<br />

ing fruits and strawberries. Nothing apparently came <strong>of</strong> <strong>the</strong> study (memo <strong>for</strong> F. J. Bates,<br />

Dec. 7, 1939, NBS Box 490, 1DM).

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