All policies and regulations affecting the organization, distribution, training, appointment, assignment, promotion, and discharge of members of the Officers' Reserve Corps, the Organized Reserves, and the Enlisted Reserve Corps shall be prepared by committees of appropriate branches or divisions of the War Department General Staff to which shall be added an equal number of officers from the Officers' Reserve Corps: Provided, That when the subject to be studied affects the National Guard of the United States or the National Guard and the Officers' Reserve Corps, the Organized Reserves, or the Enlisted Reserve Corps, such committees shall consist of an equal representation from the Regular Army, the National Guard of the United States, and the Officers' Reserve Corps. There shall be not less than ten officers on duty in the War Department General Staff, one-half of whom shall be from the National Guard of the United States and one-half from the Officers' Reserve Corps. For the purpose specified herein such officers shall be regarded as additional members of the General Staff while so serving: Provided further, That the Chief of Staff shall transmit to the Secretary of War the policies and regulations prepared as hereinbefore prescribed in this paragraph and advise him in regard thereto. After action by the Secretary of War thereon the Chief of Staff shall act as the agent of the Secretary of War in carrying the same into effect. Sec. 5, act of June 3, 1916 (39 Stat. 167), as amended by sec. 5, act of June 4, 1920 (41 Stat. 763), as amended by sec. 2, act of June 15, 1933 (48 Stat. 153); U.S.C. 10: 38. The second paragraph of the original text of this section has been amended as above. 1340. Composition and organization. For the purpose of providing a reserve of officers available for military service when needed there shall be organized an Officers' Reserve Corps consisting of general officers and officers assigned to sections corresponding to the various branches of the Regular Army and such additional sections as the President may direct. The grades in each section and the number in each grade shall be as the President may prescribe. * * * Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 775), as amended by sec. 2, act of Sept, 22, 1922 (42 Stat. 1033), as amended by sec. 3, act of June 15, 1933 (48 Stat. 154); U.S.C. 10: 351. The first paragraph of this section has been amended as above. 1341. Appointments in Officers' Reserve Corps, policies and regulations affecting. This section, based on sec. 5, National Defense Act, is eliminated as superseded by 1339, ante. * * * * 1342. Same; authority.-* Such appointments in grades below that of brigadier general shall be made by the President alone, and general officers by and with the advice and consent of the Senate. * Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 775), as amended by sec. 2, act of Sept. 22, 1922 (42 Stat. 1033), as amended by sec. 3, act of June 15, 1933 (48 Stat. 154); U.S.C. 10: 352. This section has been amended as above. 1343. Same; age limits and citizenship.—* * * * * * In time of peace an officer of the Officers' Reserve Corps must at the time of his appointment be a citizen 10: 353. * * This section has been amended as above. 1844. Same; classes eligible._* In time of peace appointments in the Infantry, Cavalry, Field Artillery, Coast Artillery, and Air Corps shall be limited to former officers of the Army, former officers of the National Guard of the United States, graduates of the Reserve Officers' Training Corps, as provided in section 47b hereof; warrant officers, and enlisted men of the Regular Army, National Guard of the United States, and Enlisted Reserve Corps and persons who served in the Army at some time between April 6, 1917, and Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 776), as amended by sec. 2. act of Sept. 22, 1922 (42 Stat. 1033), as amended by sec. 3, act of June 15, 1933 (48 Stat. 154); U.S.C. 10:353. November 11, 1918. * * * This section has been amended as above. 1847. Same; grades in which commissioned.~* * Any person who has been an officer of the Army of the United States at any time between April 6, 1917, and June 30, 1919, or who has been an officer of the Regular Army at any time, if qualified, may be appointed in the Officers' Reserve Corps in the highest grade which he held or any lower grade. No other person except as herein provided shall in time of peace be originally appointed as a reserve officer of Infantry. Cavalry, Field Artillery, Coast Artillery, or Air Corps in a grade above that of second lieutenant. Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. T76), as amended by sec. 2. act of Sept. 22, 1922 (42 Stat. 1033), as amended by sec. 3, act of June 15, 1933 (48 Stat. 154); U.S.C. 10: 353. This section has been amended as above. * The provision for concurrent commissions in the National Guard and Officers' Reserve Corps has been eliminated. 13 * * 1348. Same; period of service.Appointment in every case in the Officers' Reserve Corps shall be for a period of five years, but an appointment in force at the outbreak of war shall continue in force until six months after its termination. * * * Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 776), as amended by sec. 2, act of Sept. 22, 1922 (42 Stat. 1033), as amended by sec. 3, act of June 15, 1933 (49 Stat. 154); U.S.C. 10: 358. The first paragraph of this section has been amended as above. The second paragraph, based on sec. 38, National Defense Act as amended; U.S.C. 10: 359, pertaining to concurrent commissions in the National Guard and Officers' Reserve Corps, is eliminated as superseded. 1349. Same; time of war. This section, based on par. 7, sec. 127a, National Defense Act, U.S.C. 10: 513, is eliminated as superseded by 289, ante. * * 1350. Members of Officers' Reserve Corps; assignment.-* * * So far as practicable, in time of peace, officers of the Officers' Reserve Corps shall be assigned to units in the vicinity of their places of residence. * Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 776), as amended by sec. 2, act of Sept. 22, 1922 (42 Stat. 1033), as amended by sec. 3, act of June 15, 1933 (48 Stat. 154); U.S.C. 10: 370. This section has been amended as above. 1351. Same; commissions. * * * All persons appointed in the Officers' Reserve Corps are reserve officers and shall be commissioned in the Army of the United States. * * * Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 775), as amended by sec. 2, act of Sept. 22, 1922 (42 Stat. 1033), as amended by sec. 3, act of June 15, 1933 (48 Stat. 154); U.S.C. 10: 355a. The original text of this section has been superseded by the above provision. 1352. Same; National Guard commissions. This section, based on sec. 37, National Defense Act as amended; U.S.C. 10: 356, is eliminated as superseded. 1356. Same; detail to active duty on committees of the War Department General Staff. The second paragraph of this section, based on sec. 5, National Defense Act; U.S.C. 10: 38, is eliminated as superseded by 1339, ante. 1357. Same; detail to duty in the National Guard Bureau. This section, based on sec. 81, National Defense Act as amended, U.S.C. 32: 175, is eliminated as superseded. 1358. Same; detail to duty with the Regular Army. This section, based on sec. 81, National Defense Act as amended, U.S.C. 32: 70, is eliminated as superseded. * * 1359. Same; promotion and transfer.—* Promotions in all grades of officers who have established, or may hereafter establish, their qualifications for such promotion, and transfer, shall be made under such regulations as may be prescribed by the Secretary of War, and shall be based so far as practicable upon recommendations made in the established chain of command. * * * Sec. 37, act of June 3, 1916 (39 Stat, 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 776), as amended by sec. 2, act of Sept. 22, 1922 (42 Stat. 1033), as amended by sec. 3, act of June 15, 1933 (48 Stat. 154) ; U.S.C. 10: 360. This section has been amended as above. * * * 1361. Same; discharge.-* Provided, That an officer of the Officers' Reserve Corps shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor. Any officer of the Officers' Reserve Corps may be discharged at any time in the discretion of the President. * Nothing in this Act shall operate to deprive an officer of the reserve appointment he now holds: Provided, That this shall not apply to the discretionary-discharge power of the President previously mentioned. Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 776), as amended by sec. 2, act of Sept. 22, 1922 (42 Stat. 1033), as amended by sec. 3, act of June 15, 1933 (48 Stat. 154); U.S.C. 10: 358. * * * This section has been amended as above. * * 1361a. Same; status when not on active duty.-* Members of the Officers' Reserve Corps, while not on active duty, shall not, by reason solely of their appointments, oaths, commissions, or status as such, or any duties or functions performed or pay or allowances received as such, be held or deemed to be officers or employees of the United States, or persons holding any office of trust or profit or discharging any official function under or in connection with any department of the Government of the United States. June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 776), as amended by act of July 1, 1930 (46 Stat. 841), as amended by sec. 3, act of June 15, 1933 (48 Stat. 154); U.S.C. 10: 372. * * Sec. 37, act of Tha 1366. Training.no part of such total sum shall be available for any expense incident to giving flight training to any officer of the Officers' Reserve Corps unless he shall be found physically and professionally qualified to perform aviation service as an aviation pilot, by such agency as the Secretary of War may designate: Title I, act of Feb. 23, 1931 (46 Stat. 1297), making appropriations for the support of the War Department. * * * The original text of this section, based on act of February 28, 1929 (45 Stat. 1370), making appropriations for the support of the War Department, is superseded by the above, which has been repeated in subsequent appropriation acts. A similar provision as to the Naval Reserve is found in sec. 1, act of March 15, 1934, making appropriations for the Navy Department (48 Stat. 407). 13 CHAPTER 26 PATENTS Applications for patents important to armament or defense not to be regarded as abandoned, 1367. Publication of inventions during war; compensation for use by Government, 1368. Inventions by military or civilian personnel of the Government, 1369. Remedy for unlicensed use of inventions by the United States, 1370. 1367. Applications for patents important to armament or defense not to be regarded as abandoned. 66 That section 4894 of the Revised Statutes of the United States be amended by striking out the words one year" wherever they appear and substituting therefor the words "six months." Sec. 1, act of Mar. 2, 1927 (44 Stat. 1335); U.S.C. 35: 37. The above provision, omitted from the original text of the Military Laws, 1929, is added as the second paragraph of this section. 1368. Publication of inventions during war; compensation for use by Government. NOTES OF DECISIONS In general. No recovery can be had for compensation for Government use under this section unless a secrecy order as therein provided for has been made. That an inventor has kept his invention secret in war time without such an order is not sufficient. Rodoman Chemical Co. v. U.S. (1928) 65 Ct. Cl. 39, certiorari denied (1927) 277 U.S. 592. not, by enlargement of his claim, render the Government liable for infringement of the enlarged claim prior to the renewal of the application. Gathmann v. U.S. (1931) 71 Ct. Cl. 680. The right under the act of October 6, 1917, to sue the United States for compensation for the use of an invention whose secrecy is enjoined, is dependent upon an express tender of such use, disclosing sufficient to put the United States upon notice that to use the invention involves liability to pay compensation. Ordnance Engineering Corporation v. U.S. (1929) 65 Ct. Cl. 301. Where an inventor, whose claim has been allowed, and against whom a secrecy order has been issued under the Act of October 6, 1917, instead of taking out letters patent upon revocation of the order forfeits his case and renews the application, he may 1369. Inventions by military or civilian personnel of the Government. * * * * Provided, That any invention or discovery made by virtue of and incidental to such service by an employee of the Government of the United States serving under this section, or by any employee of the Corporation, together with any patents which may be granted thereon, shall be the sole and exclusive property of the Corporation, which is hereby authorized to grant such licenses thereunder as shall be authorized by the board: Provided further, That the board may pay to such inventor such sum from the income |