Joseph McKenna

“ The Bliss Company's contention in its detail is somewhat difficult to state concisely. It rests as much in implication as in expression. It is said that the restrictive clause 'applies only to a 'device the design for which is furnished by the government" and 'expressly and clearly excludes ideas, methods or principles.' And it is further urged that—
'To furnish a design, it is necessary to furnish something concrete. A device is also something concrete. ”

“ It is difficult to imagine a nation giving to one of its citizens contracts to manufacture implements necessary to the national defense and permitting that citizen to disclose the construction of such implement or sell it to another nation. ”

“ The prayer of the bill covers the balanced turbine and certain other features, and it is manifest that whether it should be granted depends particularly upon a provision of the contract which prohibits the exhibition of the torpedo or its performance to any person whatsoever or to any other government, or its representatives, than that of the United States. ”

“ One cannot accept an idea.'
To support these declarations legal and other definitions are adduced. One is selected from Armour Packing Co. v. United States, 209 U.S. 56, 28 Sup. Ct. 428, 52 L. Ed. 681, which explains a device to be 'a thing devised or formed by design, a contrivance, an invention.' It is hence asserted that the United States did not comply with these definitional requirements-indeed, from the state of the art, could not; and therefore could not impose secrecy upon the Bliss Company. ”