Reporter's Statement of the Case

109 C. Cls.

rifles manufactured by the Government during the fiscal years 1935, 1938, and 1939 at $1.25 per unit, or $16,280. Paragraph 2 of article 4 of the contract dated January 3, 1930, reads as follows:

"This exclusive license shall permit the United States to manufacture or cause to be manufactured, and use and sell in accordance with existing law, this arm upon payment to the party of the first part of a royalty of One Dollar and Twenty-five Cents ($1.25) per gun up to a maximum of Four Hundred Thousand (400,000) guns, after which royalty payments shall cease, and the United States shall then have a non-exclusive license to manufacture or cause to be manufactured and to use and sell in accordance with existing law the arms in consideration of the prior payments. Royalty payments under this license shall be made as soon as practicable after the first day of January and July in each year for all arms manufactured during the preceding six months."

It is clear that the term "this arm" as used in that part of the contract above quoted has reference to the semi-automatic rifle only, which designing and developing was under your supervision and not to the MI, semi-automatic rifle, designed by an employee of the Government and accepted as standard equipment for use by the United States Army.

In view of the fact the contract contains no provision for payment of royalties for the MI semi-automatic rifle manufactured and adopted by the United States as standard equipment and since the semi-automatic rifle designed by you was not approved or accepted by the Government as standard equipment, there is no authority for payment of the amount claimed.

I therefore certify that no balance is found due you from the United States.

Plaintiff thereafter filed his petition in case No. 45196 for an alleged breach of his patent license contract.


The Pedersen Rifle Patent-The first patent in suit

26. The title of this patent, No. 1,737,974, is "Magazine Rifle." The specification states that the embodiment is preferably semi-automatic in its action, that is to say, one shot for each pull of the trigger until the magazine is exhausted.


Reporter's Statement of the Case

In the gun illustrated in the rifle patent, the breech bolt is moved to the rear by energy obtained by setback of the cartridge on its explosion and is moved forward to feed a new cartridge by means of a spring. The manner in which energy is derived for operation of the breech bolt is not here in issue.

The disclosure of the patent, which deals with various details of rifle mechanism, is intricate both with respect to the description and the drawings. The following description is therefore limited to the features that are in issue in the present case and which comprise a bolt stop for holding the bolt in its rearward position after the firing of the last cartridge; a latch for retaining the cartridge clip in position; and mechanisms for releasing the cartridge clip and ejecting it.

For the purpose of illustrating these elements, reference is had to Figs. 7 and 11 of the Pedersen rifle patent, which are reproduced herewith. Fig. 7 shows the sliding breech bolt in the forward or closed position and with a clip of cartridges in the magazine. Fig. 11 shows the rifle with the sliding bolt 23 held in its rearward position and with the parts in a position that they would assume just subsequent to the ejection of the clip, which is shown in dotted lines just above the open magazine in this latter figure. Fig. 11 is less complicated than Fig. 7, and the elements in issue are more readily seen therein.

27. The mode of operation is as follows:

Starting with the parts in the position shown in Fig. 11, an en bloc clip containing two rows of cartridges in staggered relation is inserted in the magazine. The cartridges rest upon the follower 159 which passes upward between the sides of the clip to feed the cartridges into position ready to be pushed out of the clip by the bolt 23 and into the chamber of the barrel.

The bolt 23 engages the rear end of the top cartridge and pushes it out of the clip. As it is pushed out of the clip the point of the bullet rides up a ramp or inclined surface which guides the cartridge into the chamber. The follower is moved by two levers 160 and 163. These levers are constructed and pivoted so that the follower is in an inclined position, as shown in Fig. 7 of the patent, when it is in its lowest position, and is horizontal when in its highest position.

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and which is urged upward by the kicker spring 142. The kicker 138 has a short movement and is not depressed against the action of the kicker spring 142 until the full clip of cartridges and the follower have been pushed down nearly to their lowest position in the magazine.

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Reporter's Statement of the Case

The magazine feed spring 170 acts on the levers and tends to push the follower into its highest position. This spring is compressed when the full clip is pushed down into the magazine chamber. The gun is also provided with a kicker or clip ejector 138 located at the bottom of the magazine chamber

Reporter's Statement of the Case

109 C. Cls.

The gun is also provided with a clip latch 132 which is pivoted to the receiver. The upper end of the clip latch is in the form of a hook and engages a projection 135 on the back of the clip. The kicker 138 cannot operate to throw out the empty clip until the latch 132 has been disengaged from the projection 135 on the back of the clip. The clip latch 132 is provided at its lower end with a projection 132c located in such a position that just before the follower reaches its highest position with the exhaustion of the cartridges in the clip, the rear portion of lever 163 strikes the projection 132c and tends to swing the hook 132b on the top of the clip latch out of engagement with the projection 135 on the clip. This is, however, prevented until the bolt is locked in the rearward position with the magazine chamber fully uncovered.

The bolt 23 is undercut on its under side to form a shoulder. A pivoted member 130, called a bolt stop, has an upwardly projecting point 130a which can engage the shoulder formed by the undercut on the underside of the bolt. The bolt stop 130 is normally held out of engagement with the bolt by a spring 133 which bears against a projection at the lower end of the bolt stop.

The clip latch 132 has a rearward extension 132a which engages the downward projection 130c on the bolt stop upon exhaustion of cartridges in the clip, and the consequent upward movement of the follower tends to move the top end of the clip latch rearwardly. This also tends to swing the point 130a of the bolt stop up against the underside of the bolt. Upon the firing of the last cartridge and the consequent backward movement of the bolt, the bolt moves rearwardly until the undercut on its underside is directly above the bolt stop prongs. When this position is reached, the rear end or point of the bolt stop snaps into the undercut, thereby locking the bolt in its rearward position. At the same time this permits the front end of the clip latch to move rearwardly under the urge of the follower spring. The clip latch then disengages the clip, which is then ejected by the kicker 138 and its associated spring 142.

The interlocking of the clip release and the bolt stop therefore functions to insure that the bolt is held in a rearward

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