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Page:Carroll Lane Fenton - Darwin and the Theory of Evolution.djvu/8

Although eminent in the fields of geology, botany, and systematic zoology, Charles Darwin's chief fame rests upon his part in the development of the theory of organic evolution. For decades this theory was considered to be almost inseparable from the man and his work; even today there are thousands of people who know nothing of it except as it is associated with Darwin. Their conception of evolution may be true, it may be partly true, or it may be as false as the combined forces of ignorance and distortion can make it; yet to them it is "Darwinism," to be accepted, tolerated, or attacked, as the case may be. What evolution may have been without Darwin it is useless to speculate; what its rate of progress would have been there is no need to wonder. The mere fact that there were no men of Darwin's generation who accomplished what he accomplished is enough to show that the theory would have had to wait decades had he been lacking. And that alone is enough to establish the importance of his work.

So we shall begin this volume with a study of his relation to, and his influence on, the theory of organic descent. Such an inquiry, compressed into fewer than three score pages obviously cannot do full justice to the subject, nor can it add a great deal that has not already been said in more pretentious criticisms. But it can ask, however, two questions that often are slighted, and by stressing the answers to them, give a background for further work. The first of these questions is, how much did Darwin owe to those who studied and speculated before him; the second, by what course of inquiry and thought did he arrive at his final position with regard to the origin and development of living things?


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Page:Thaler v. Hirshfeld.pdf/8

 . The decision also explained why plaintiff’s policy arguments as to the effects of the agency’s interpretation were rejected, and the decision reached a reasonable conclusion regarding the proper construction of the statute. Plaintiff has pointed to no USPTO policies with which the decision is inconsistent. Accordingly, the USPTO’s interpretation that an “inventor” must be a natural person is entitled to deference.

Even if no deference were due, the USPTO’s conclusion is correct under the law. The question of whether the Patent Act requires that an “inventor” be a human being is a question of statutory construction. Accordingly, the plain language of the statute controls. ,, 364 F.3d 1339, 1345 (Fed. Cir. 2004). As the Supreme Court has held: “The preeminent canon of statutory interpretation requires us to ‘presume that [the] legislature says in a statute what it means and means in a statute what it says there.’ Thus, our inquiry begins with the statutory text, and ends there as well if the text is unambiguous.”, 541 U.S. 176, 183, 124 S.Ct. 1587, 158 L.Ed.2d 338 (2004) (quoting, 503 U.S. 249, 253-54, 112 S.Ct. 1146, 117 L.Ed.2d 391 (1992)) (internal citations omitted).

Using the legislative authority provided by the Constitution’s Patent Clause, U.S. Const. art. I, § 8, cl. 8, Congress codified the Patent Act in 1952,, 448 U.S. 176, 180, 100 S.Ct. 2601, 65 L.Ed.2d 696 (1980), and has amended the Patent Act a number of times in the ensuing sixty years. In 2011, Congress promulgated the America Invents Act, which, as relevant here, formally amended the Patent Act to provide an explicit statutory definition for the term “inventor” to mean “the individual, or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.” 35 U.S.C. § 100(f). The America Invents Act also added that “joint inventor” means “any one of the individuals who invented or discovered the subject matter of a joint invention.” § 100(g). Additionally, Congress has required that “[a]n application for patent shall be made, or authorized to be made, by the inventor … in writing to the Director.” 35 U.S.C. § 111(a)(1). “[E]ach individual who is the inventor or a joint inventor of a claimed invention in an application for patent shall execute an oath or declaration in connection with the application” which “shall contain statements that— … such individual believes himself or herself to be the original inventor or joint inventor of [the] claimed invention.” § 115(b). An applicant may also submit a “substitute statement” to the USPTO “in lieu of” the oath or declaration: "A substitute statement under paragraph (1) is permitted with respect to any individual who—
 * (A) is unable to file the oath or declaration under subsection (a) because the individual—
 * (i) is deceased;
 * (ii) is under legal incapacity; or
 * (iii) cannot be found or reached after diligent effort; or
 * (B) is under an obligation to assign the invention but has refused to make the oath or declaration required under subsection (a)."

§ 115(d)(2). The “substitute statement” must also “identify the individual to whom the statement applies” as well as the circumstances triggering the exception to the oath or declaration requirement. § 115(d)(3).

As the statutory language highlights above, both of the definitions provided by

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Page:November Joe.pdf/23

 "Thanks, but I have had the trouble of training Noel already."

Once again Sir Andrew allowed his penetrating black eyes to rest upon me. Then he broke into his short, rare laugh.

"I can guarantee that you will not find it necessary to train November Joe."

"November Joe?"

"Yes, do you know him?"

"Curiously enough, I do. He was with me as dish-washer when I was up with Tom Todd some years ago in Maine. He was a boy then."

"What did you think of him?"

"I hadn't much opportunity of judging. Todd kept him in camp cooking most of the time. But I do remember that once when we were on the march and were overtaken by a very bad snowstorm, Todd and the boy had a difference of opinion as to the direction we should take."

"And Joe was right?"

"He was," said I. "Todd didn't like it at all."

"Tom Todd had quite a reputation, hadn't he? Naturally he would not like being put right

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Page:Voyage in search of La Perouse, volume 2 (Stockdale).djvu/375

] before the Sultana, who resided at Bouton, and was an ally of the Dutch Company, had been previously informed of our design. We told them that we were very desirous of viewing this part of the island, and one of them went immediately to signify our wish to that petty sovereign.

We were soon visited by two Dutch soldiers, who offered to procure us an interview with the Sultan, assuring us that without his permission the natives durst not sell us any provisions. They then conducted us to their own dwelling, where we were informed that the Sultan would not be visible till very late in the afternoon. Upon this intelligence a considerable number of us took an excursion into the interior of the island, directing our route to the eastward. The natives did not appear surprised at seeing us, and shewed no inclination to follow us.

After having walked for more than two hours along the banks of a small river, covered with a great number of boats, some of which had come from the strait laden with fish, we forded the stream with a view of proceeding to the northward. We went up very steep ascents, where I collected a great number of plants; among others, the barleria prionitis, and several new species of the croton.

Most of the habitations in this part of the


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Page:Horæ Sinicæ, Translations from the Popular Literature of the Chinese (horsinictran00morrrich, Morrison, 1812).djvu/66

56 separated: the Yin and the Yang were not divided: all was confusion and complete chaos. There were immensity and darkness. In the midst of the existing expanse, was a combination of a thousand million layers of pure air, which produces Miao-wu-shing-kiun, [the marvellous and most holy prince.] afterwards entitled, "The marvellous and supremely high emperor; the real original; the first and most honoured in heaven:"—also entitled, "The precious and venerable man of heaven."

After nine times a hundred thousand ninety thousands; nine thousand, nine hundred and ninety hundred thousand times ten thousand creations and annihilations, there was a combination of a hundred thousand times ten thousand layers of pure air, which produces Miao-yeu-shing-kiun, ["the marvellous and holy prince."] He called himself "the great prince Tao, the marvellous and great emperor, the ruler of void space, the king of the morning. "He was entitled "the glorious and precious venerable man."

After eight times a hundred thousand eight thousands, eight hundred and eighty


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Consolidated Appropriations Act, 2005/Division A

{{SECTION|DIVISION A|DIVISION A}} — AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

 * TITLE I — AGRICULTURAL PROGRAMS
 * TITLE II — CONSERVATION PROGRAMS
 * TITLE III — RURAL DEVELOPMENT PROGRAMS
 * TITLE IV — DOMESTIC FOOD PROGRAMS
 * TITLE V — FOREIGN ASSISTANCE AND RELATED PROGRAMS
 * TITLE VI — RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
 * TITLE VII — GENERAL PROVISIONS

This division may be cited as the "Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2005".


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314 country were built upon the summits of delightful hills, with which this side of the island abounds. We met with a very friendly reception from the inhabitants, who presented to us fruits of different kinds. One of them, who went to gather some cocoa-nuts for us, climbed very quickly to the top of the tree, by means of an expedient which to me appeared singular. He tied his legs together near the ancle with a stripe of cloth, by which he was enabled to grasp the trunk of the tree with his feet so strongly as to support the whole weight of his body; and, as the stem was not very thick, by thus clasping it alternately with his feet and his arms, he very soon reached the top.

We remarked some forts built on the most inaccessible heights amongst these hills, which serve the inhabitants for a place of refuge when their habitations are invaded by an enemy. These fortifications consist of stone walls of considerable thickness, and about ten or twelve feet high, inclosing a plot of ground from sixty to eighty feet square.

The natives who sold us stuffs a few days before, had not deceived us when they told us that they had been manufactured in the island of Bouton. We saw to-day, in several of the houses, looms for manufacturing similar stuffs; the


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Consolidated Appropriations Act, 2005/Division A/Title I

Office of the Secretary

 * For necessary expenses of the Office of the Secretary of Agriculture, $5,124,000:

 * Provided, That not to exceed $11,000 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary.

Chief Economist

 * For necessary expenses of the Chief Economist, including economic analysis, risk assessment, cost-benefit analysis, energy and new uses, and the functions of the World Agricultural Outlook Board, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), $10,317,000.

National Appeals Division

 * For necessary expenses of the National Appeals Division, $14,331,000.

Office of Budget and Program Analysis

 * For necessary expenses of the Office of Budget Program Analysis, $8,228,000.

Homeland Security Staff

 * For necessary expenses of the Homeland Security Staff, $775,000.

Office of the Chief Information Officer

 * For necessary expenses of the Office of the Chief Information Officer, $16,595,000.

Common Computing Environment

 * For necessary expenses to acquire a Common Computing Environment for the Natural Resources Conservation Service, the Farm and Foreign Agricultural Service, and Rural Development mission areas for information technology, systems, and services, $125,585,000, to remain available until expended, for the capital asset acquisition of shared information technology systems, including services as authorized by 7 U.S.C. 6915-16 and 40 U.S.C. 1421-28:

 * Provided, That obligation of these funds shall be consistent with the Department of Agriculture Service Center Modernization Plan of the county-based agencies, and shall be with the concurrence of the Department's Chief Information Officer.

Office of the Chief Financial Officer

 * For necessary expenses of the Office of the Chief Financial Officer, $5,742,000:

 * Provided, That the Chief Financial Officer shall actively market and expand cross-servicing activities of the National Finance Center;

 * Provided further, That no funds made available by this appropriation may be obligated for FAIR Act or Circular A-76 activities until the Secretary has submitted to the Committees on Appropriations of both Houses of Congress and the Committee on Government Reform of the House of Representatives a report on the Department's contracting out policies, including agency budgets for contracting out.

Working Capital Fund

 * For the acquisition of disaster recovery and continuity of operations technology of the National Finance Center's data, $12,850,000, to remain available until expended.

Office of the Assistant Secretary for Civil Rights

 * For necessary salaries and expenses of the Office of the Assistant Secretary of Civil Rights, $818,000.

Office of Civil Rights

 * For necessary expenses of the Office of Civil Rights, $19,889,000.

Office of the Assistant Secretary for Administration

 * For necessary salaries and expenses of the Office of the Assistant Secretary for Administration, $669,000.

Agriculture Buildings and Facilities and Rental Payments (Including Transfers of Funds)

 * For payment of space rental and related costs pursuant to Public Law 92-213, including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the Department of Agriculture under 40 U.S.C. 486, for programs and activities of the Department which are included in this Act, and for alterations and other actions needed for the Department and its agencies to consolidate unneeded space into configurations suitable for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $163,870,000, to remain available until expended:

 * Provided, That not to exceed 5 percent of amounts which are made available for space rental and related costs for the Department of Agriculture in this Act may be transferred between such appropriations to cover the costs of new or replacement space 15 days after notice thereof is transmitted to the Appropriations Committees of both Houses of Congress.

Hazardous Materials Management (Including Transfers of Funds)

 * For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 6901 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), $15,532,000, to remain available until expended:

 * Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands.

Departmental Administration (Including Transfers of Funds)

 * For Departmental Administration, $22,626,000, to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise for and necessary for the practical and efficient work of the Department:

 * Provided, That this appropriation shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551-558.

Office of the Assistant Secretary for Congressional Relations (Including Transfers of Funds)

 * For necessary salaries and expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch, $3,582,000:

 * Provided, That these funds may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level;

 * Provided further, That no funds made available by this appropriation may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency;

 * Provided further, That no other funds appropriated to the Department by this Act shall be available to the Department for support of activities of congressional relations.

Office of Communications

 * For necessary expenses to carry out services relating to the coordination of programs involving public affairs, for the dissemination of agricultural information, and the coordination of information, work, and programs authorized by Congress in the Department, $9,365,000:

 * Provided, That not to exceed $2,000,000 may be used for farmers' bulletins.

Office of the Inspector General

 * For necessary expenses of the Office of the Inspector General, including employment pursuant to the Inspector General Act of 1978, $78,289,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to Public Law 95-452 and section 1337 of Public Law 97-98.

Office of the General Counsel

 * For necessary expenses of the Office of the General Counsel, $35,861,000.

Office of the Under Secretary for Research, Education and Economics

 * For necessary salaries and expenses of the Office of the Under Secretary for Research, Education and Economics to administer the laws enacted by the Congress for the Economic Research Service, the National Agricultural Statistics Service, the Agricultural Research Service, and the Cooperative State Research, Education, and Extension Service, $592,000.

Economic Research Service

 * For necessary expenses of the Economic Research Service in conducting economic research and analysis, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, $74,768,000.

National Agricultural Statistics Service

 * For necessary expenses of the National Agricultural Statistics Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, marketing surveys, and the Census of Agriculture, as authorized by 7 U.S.C. 1621-1627 and 2204g, and other laws, $129,480,000, of which up to $22,405,000 shall be available until expended for the Census of Agriculture.

Salaries and Expenses

 * For necessary expenses to enable the Agricultural Research Service to perform agricultural research and demonstration relating to production, utilization, marketing, and distribution (not otherwise provided for); home economics or nutrition and consumer use including the acquisition, preservation, and dissemination of agricultural information; and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,110,887,000:

 * Provided, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only;

 * Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $375,000, except for headhouses or greenhouses which shall each be limited to $1,200,000, and except for 10 buildings to be constructed or improved at a cost not to exceed $750,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $375,000, whichever is greater;

 * Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland;

 * Provided further, That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center;

 * Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a);

 * Provided further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law;

 * Provided further, That all rights and title of the United States in the 1.0664-acre parcel of land including improvements, as recorded at Book 1320, Page 253, records of Larimer County, State of Colorado, shall be conveyed to the Board of Governors of the Colorado State University for the benefit of Colorado State University.

 * None of the funds appropriated under this heading shall be available to carry out research related to the production, processing, or marketing of tobacco or tobacco products

Buildings and Facilities

 * For acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $187,838,000, to remain available until expended.

Research and Education Activities

 * For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $660,781,000, as follows:

 * to carry out the provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i), $180,148,000;

 * for grants for cooperative forestry research (16 U.S.C. 582a through a-7), $22,384,000;

 * for payments to the 1890 land-grant colleges, including Tuskegee University and West Virginia State University (7 U.S.C. 3222), $37,000,000, of which $1,507,496 shall be made available only for the purpose of ensuring that each institution shall receive no less than $1,000,000;

 * for special grants for agricultural research (7 U.S.C. 450i(c)), $121,284,000;

 * for special grants for agricultural research on improved pest control (7 U.S.C. 450i(c)), $15,280,000;

 * for competitive research grants (7 U.S.C. 450i(b)), $181,000,000;

 * for the support of animal health and disease programs (7 U.S.C. 3195), $5,098,000;

 * for supplemental and alternative crops and products (7 U.S.C. 3319d), $1,196,000;

 * for grants for research pursuant to the Critical Agricultural Materials Act (7 U.S.C. 178 et seq.), $1,111,000, to remain available until expended;

 * for the 1994 research grants program for 1994 institutions pursuant to section 536 of Public Law 103-582 (7 U.S.C. 301 note), $1,087,000, to remain available until expended;

 * for rangeland research grants (7 U.S.C. 3333), $1,000,000;

 * for higher education graduate fellowship grants (7 U.S.C. 3152(b)(1)), $5,500,000;

 * for a higher education multicultural scholars program (7 U.S.C. 3152(b)(5)), $998,000, to remain available until expended (7 U.S.C. 2209b);

 * for an education grants program for Hispanic-serving Institutions (7 U.S.C. 3241), $5,645,000;

 * for noncompetitive grants for the purpose of carrying out all provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78) to individual eligible institutions or consortia of eligible institutions in Alaska and in Hawaii, with funds awarded equal to each of the States of Alaska and Hawaii, $3,500,000;

 * for a secondary agriculture education program and 2-year post-secondary education (7 U.S.C. 3152(j)), $1,000,000;

 * for aquaculture grants (7 U.S.C. 3322), $4,000,000;

 * for sustainable agriculture research and education (7 U.S.C.5811), $12,500,000;

 * for a program of capacity building grants (7 U.S.C. 3152(b)(4)) for colleges eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee University and West Virginia State University, $12,411,000, to remain available until expended (7 U.S.C. 2209b);

 * for payments to the 1994 Institutions pursuant to section 534(a)(1) of Public Law 103-382, $2,250,000;

 * for resident instruction grants for insular areas under section 1491 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363), $500,000; and

 * for necessary expenses of Research and Education Activities, $42,889,000.

 * None of the funds appropriated under this heading shall be available to carry out research related to the production, processing, or marketing of tobacco or tobacco products:

 * Provided, That this paragraph shall not apply to research on the medical, biotechnological, food, and industrial uses of tobacco.

Native American Institutions Endowment Fund

 * For the Native American Institutions Endowment Fund authorized by Public Law 103-382 (7 U.S.C. 301 note), $12,000,000.

Extension Activities

 * For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, Northern Marianas, and American Samoa, $449,225,000, as follows:

 * payments for cooperative extension work under the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of said Act, and under section 208(c) of Public Law 93-471, for retirement and employees' compensation costs for extension agents, $277,742,000;

 * payments for extension work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,273,000;

 * payments for the nutrition and family education program for low-income areas under section 3(d) of the Act, $58,909,000;

 * payments for the pest management program under section 3(d) of the Act, $10,000,000;

 * payments for the farm safety program under section 3(d) of the Act, $4,600,000;

 * payments to upgrade research, extension, and teaching facilities at the 1890 land-grant colleges, including Tuskegee University and West Virginia State University, as authorized by section 1447 of Public Law 95-113 (7 U.S.C. 3222b), $16,912,000, to remain available until expended;

 * payments for youth-at-risk programs under section 3(d) of the Smith-Lever Act, $7,358,000;

 * for youth farm safety education and certification extension grants, to be awarded competitively under section 3(d) of the Act, $444,000;

 * payments for carrying out the provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.), $4,093,000;

 * payments for Indian reservation agents under section 3(d) of the Smith-Lever Act, $1,774,000;

 * payments for sustainable agriculture programs under section 3(d) of the Act, $4,100,000;

 * payments for rural health and safety education as authorized by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)), $1,981,000;

 * payments for cooperative extension work by the colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321-326 and 328) and Tuskegee University and West Virginia State University, $33,133,000, of which $1,724,884 shall be made available only for the purpose of ensuring that each institution shall receive no less than $1,000,000;

 * for grants to youth organizations pursuant to section 7630 of title 7, United States Code, $2,667,000; and

 * for necessary expenses of Extension Activities, $22,059,000.

Integrated Activities

 * For the integrated research, education, and extension grants programs, including necessary administrative expenses, $55,153,000, as follows:

 * for competitive grants programs authorized under section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626), $43,058,000, including $12,971,000 for the water quality program, $14,967,000 for the food safety program, $4,200,000 for the regional pest management centers program, $4,200,000 for the Food Quality Protection Act risk mitigation program for major food crop systems, $1,400,000 for the crops affected by Food Quality Protection Act implementation, $3,131,000 for the methyl bromide transition program, and $1,889,000 for the organic transition program;

 * for a competitive international science and education grants program authorized under section 1459A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain available until expended, $1,000,000;

 * for grants programs authorized under section 2(c)(1)(B) of Public Law 89-106, as amended, $750,000, to remain available until September 30, 2006 for the critical issues program, and $1,345,000 for the regional rural development centers program; and

 * $9,000,000 for the homeland security program authorized under section 1484 of the National Agricultural Research, Extension, and Teaching Act of 1977, to remain available until September 30, 2006.

Outreach for Socially Disadvantaged Farmers

 * For grants and contracts pursuant to section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), $5,935,000, to remain available until expended.

Office of the Under Secretary for Marketing and Regulatory Programs

 * For necessary salaries and expenses of the Office of the Under Secretary for Marketing and Regulatory Programs to administer programs under the laws enacted by the Congress for the Animal and Plant Health Inspection Service; the Agricultural Marketing Service; and the Grain Inspection, Packers and Stockyards Administration; $721,000.

Salaries and Expenses (Including Transfers of Funds)

 * For expenses, not otherwise provided for, necessary to prevent, control, and eradicate pests and plant and animal diseases; to carry out inspection, quarantine, and regulatory activities; and to protect the environment, as authorized by law, $814,623,000, of which $4,119,000 shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds to the extent necessary to meet emergency conditions; of which $47,500,000 shall be used for the boll weevil eradication program for cost share purposes or for debt retirement for active eradication zones; of which $33,197,000 shall be available for a National Animal Identification program:

 * Provided, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent;

 * Provided further, That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only;

 * Provided further, That, in addition, in emergencies which threaten any segment of the agricultural production industry of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and section 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts;

 * Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building.

 * Provided further, That no funds shall be used to implement a national animal identification system prior to notification to the Committees on Appropriations which shall include a detailed explanation of the components of such system.

 * In fiscal year 2005, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be credited to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services.

Buildings and Facilities

 * For plans, construction, repair, preventative maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C. 428a, $4,967,000, to remain available until expended.

Marketing Services

 * For necessary expenses to carry out services related to consumer protection, agricultural marketing and distribution, transportation, and regulatory programs, as authorized by law, and for administration and coordination of payments to States, $75,698,000, including funds for the wholesale market development program for the design and development of wholesale and farmer market facilities for the major metropolitan areas of the country:

 * Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building.

 * Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701).

Limitation on Administrative Expenses

 * Not to exceed $64,459,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:

 * Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.

Funds for Strengthening Markets, Income, and Supply (Section 32) (Including Transfers of Funds)

 * Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for:
 * (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of August 8, 1956;
 * (2) transfers otherwise provided in this Act;
 * (3) not more than $15,800,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 1961.

Payments to States and Possessions

 * For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $3,847,000, of which not less than $2,500,000 shall be used to make a grant under this heading.

Salaries and Expenses

 * For necessary expenses to carry out the provisions of the United States Grain Standards Act, for the administration of the Packers and Stockyards Act, for certifying procedures used to protect purchasers of farm products, and the standardization activities related to grain under the Agricultural Marketing Act of 1946, $37,299,000:

 * Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building.

Limitation on Inspection and Weighing Services Expenses

 * Not to exceed $42,463,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services:

 * Provided, That if grain export activities require additional supervision or oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.

Office of the Under Secretary for Food Safety

 * For necessary salaries and expenses of the Office of the Under Secretary for Food Safety to administer the laws enacted by the Congress for the Food Safety and Inspection Service, $595,000.

Food Safety and Inspection Service

 * For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $823,760,000, of which no less than $742,305,000 shall be available for Federal food safety inspection; and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f):

 * Provided, That no fewer than 63 full time equivalent positions above the fiscal year 2002 level shall be employed during fiscal year 2005 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act;

 * Provided further, That of the amount available under this heading, notwithstanding section 704 of this Act $3,000,000, available until September 30, 2006, shall be obligated to include the Humane Animal Tracking System as part of the Field Automation and Information Management System following notifications to the Committees on Appropriations, which shall include a detailed explanation of the components of such system;

 * Provided further, That of the total amount made available under this heading, no less than $20,653,000 shall be obligated for regulatory and scientific training;

 * Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building.

Office of the Under Secretary for Farm and Foreign Agricultural Services

 * For necessary salaries and expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services to administer the laws enacted by Congress for the Farm Service Agency, the Foreign Agricultural Service, the Risk Management Agency, and the Commodity Credit Corporation, $631,000.

Salaries and Expenses (Including Transfers of Funds)

 * For necessary expenses for carrying out the administration and implementation of programs administered by the Farm Service Agency, $1,007,597,000:

 * Provided, That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency;

 * Provided further, That other funds made available to the Agency for authorized activities may be advanced to and merged with this account.

State Mediation Grants

 * For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (7 U.S.C. 5101-5106), $4,000,000.

Dairy Indemnity Program (Including Transfer of Funds)

 * For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, $100,000, to remain available until expended:

 * Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12).

Agricultural Credit Insurance Fund Program Account (Including Transfers of Funds)

 * For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 U.S.C. 488), and boll weevil loans (7 U.S.C. 1989) to be available from funds in the Agricultural Credit Insurance Fund, as follows:

 * farm ownership loans, $1,610,000,000, of which $1,400,000,000 shall be for guaranteed loans and $210,000,000 shall be for direct loans;

 * operating loans, $2,035,000,000, of which $1,110,000,000 shall be for unsubsidized guaranteed loans, $285,000,000 shall be for subsidized guaranteed loans and $650,000,000 shall be for direct loans;

 * Indian tribe land acquisition loans, $2,000,000; and

 * for boll weevil radiation program loans, $100,000,000;

 * Provided, That the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans.

 * For the cost of direct and guaranteed loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows:

 * farm ownership loans, $18,655,000, of which $7,420,000 shall be for guaranteed loans, and $11,235,000 shall be for direct loans;

 * operating loans, $139,049,000, of which $35,530,000 shall be for unsubsidized guaranteed loans, $37,934,000 shall be for subsidized guaranteed loans, and $65,585,000 shall be for direct loans; and

 * Indian tribe land acquisition loans, $105,000.

 * In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $301,764,000, of which $293,764,000 shall be transferred to and merged with the appropriation for "Farm Service Agency, Salaries and Expenses".

 * Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership and operating direct loans and guaranteed loans may be transferred among these programs:

 * Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer.

Risk Management Agency

 * For administrative and operating expenses, as authorized by section 226A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6933), $72,044,000:

 * Provided, That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i).

Corporations

 * The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided.

Federal Crop Insurance Corporation Fund

 * For payments as authorized by section 516 of the Federal Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain available until expended.

Reimbursement for Net Realized Losses

 * For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11):

 * Provided, That of the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the conduct of its business with the Foreign Agricultural Service, up to $5,000,000 may be transferred to and used by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not related to Commodity Credit Corporation business.

Hazardous Waste Management (Limitation on Expenses)

 * For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 6961).


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 Congress for the terms “inventor” and “joint inventor” within the Patent Act reference an “individual” or “individuals.” 35 U.S.C. §§ 100(f)–(g). Congress used the same term—“individual”—in other significant provisions of the Patent Act which reference an “inventor,” including requiring that “each individual who is the inventor or a joint inventor” execute an oath or declaration, and permitting a substitute statement in lieu of the oath or declaration “with respect to any individual who” meets the requirements. § 115(a)(1). Similarly, the oath or declaration must contain a statement that “such individual believes himself or herself to be the original inventor or joint inventor of [the] claimed invention.” § 115(b)(2). Accordingly, the issue of whether an artificial intelligence machine can be an “inventor” turns on the plain meaning of the statutory term “individual.”

The Supreme Court recently conducted a statutory construction analysis regarding Congress’s use of the term “individual” in the Torture Victim Protection Act (“TVPA”), ultimately concluding that “[t]he ordinary meaning of the word, fortified by its statutory context,” referred to a “natural person[ ].”, 566 U.S. 449, 453–54, 132 S.Ct. 1702, 182 L.Ed.2d 720 (2012). Although the TVPA and Patent Act concern different subject matter, the Supreme Court’s statutory analysis of the term “individual” remains applicable here. “Because the [Patent Act] does not define the term ‘individual,’ we look first to the word’s ordinary meaning.” at 454, 132 S.Ct. 1702. When used “[a]s a noun, ‘individual’ ordinarily means ‘[a] human being, a person.’ ” (quoting 7 Oxford English Dictionary 880 (2d ed. 1989)) (also citing Random House Dictionary of the English Language 974 (2d ed. 1987) (“a person”); Webster’s Third New International Dictionary 1152 (1986) (“a particular person”)). As the Supreme Court recognized, these definitions accord with “how we use the word in everyday parlance”: "We say “the individual went to the store,” “the individual left the room,” and “the individual took the car,” each time referring unmistakably to a natural person. And no one, we hazard to guess, refers in normal parlance to an organization as an “individual.” Evidencing that common usage, this Court routinely uses “individual” to denote a natural person, and in particular to distinguish between a natural person and a corporation."

Similarly, the Patent Act uses the term “individual” as a noun, and therefore “ ‘individual’ ordinarily means ‘[a] human being, a person.’ ” at 454, 132 S.Ct. 1702. As in, this definition is consistent with the ordinary usage of the term “individual” to refer to a human being, as artificial intelligence machines or systems are not normally referred to as “individuals” in ordinary parlance.

Relying on the Dictionary Act’s denotation of “individual” as “distinct from the list of artificial entities that precedes it,” the Supreme Court explained that “Congress does not, in the ordinary comse, employ the word any differently” from its common usage. (citing 1 U.S.C. § 1). The Dictionary Act applies to all congressional enactments, and similarly applies to the Patent Act. , 495 U.S. 182, 190, 110 S.Ct. 1737, 109 L.Ed.2d 163 (1990) (holding that the Dictionary Act “supplied[s]supplie[s] [sic] rules of construction for all legislation”). Notably, although “Congress remains free, as always, to give the word a broader or different meaning …. [sic] before we will assume it has done so, there must be indication Congress intended such a result.”

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 "And who is Phebe, if you please?"

Rose eagerly told all she knew, and Uncle Alec listened, with an odd smile lurking about his mouth, though his eyes were quite sober as he watched the face before him.

"I'm glad to see that you are not aristocratic in your tastes, but I don't quite make out why you like this young lady from the poor-house."

"You may laugh at me, but I do. I can't tell why, only she seems so happy and busy, and sings so beautifully, and is strong enough to scrub and sweep, and hasn't any troubles to plague her," said Rose, making a funny jumble of reasons in her efforts to explain.

"How do you know that?"

"Oh, I was telling her about mine, and asked if she had any, and she said, 'No, only I'd like to go to school, and I mean to some day.

"So she doesn't call desertion, poverty, and hard work, troubles? She's a brave little girl, and I shall be proud to know her." And Uncle Alec gave an approving nod, that made Rose wish she had been the one to earn it.

"But what are these troubles of yours, child?" he asked, after a minute of silence.

"Please don't ask me, uncle."

"Can't you tell them to me as well as to Phebe?"

Something in his tone made Rose feel that it would be better to speak out and be done with it, so she answered, with sudden colour and averted eyes,—

"The greatest one was losing dear papa."

As she said that, Uncle Alec's arm came gently round her, and he drew her to him, saying, in the voice so like papa's,—


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 "That is a trouble which I cannot cure, my child; but I shall try to make you feel it less. What else, dear?"

"I am so tired and poorly all the time, I can't do anything I want to, and it makes me cross," sighed Rose, rubbing the aching head like a fretful child.

"That we can cure and we will," said her uncle, with a decided nod that made the curls bob on his head, to that Rose saw the gray ones underneath the brown.

"Aunt Myra says I have no constitution, and never shall be strong," observed Rose, in a pensive tone, as if it was rather a nice thing to be an invalid.

"Aunt Myra is a—ahem!—an excellent woman, but it is her hobby to believe that everyone is tottering on the brink of the grave; and, upon my life, I believe she is offended if people don't fall into it! We will show her how to make constitutions and turn pale-faced little ghosts into rosy, hearty girls. That's my business, you know," he added, more quietly, for his sudden outburst had rather startled Rose.

"I had forgotten you were a doctor. I'm glad of it, for I do want to be well, only I hope you won't give me much medicine, for I've taken quarts already, and it does me no good."

As she spoke, Rose pointed to a little table just inside the window, on which appeared a regiment of bottles.

"Ah, ha! Now we'll see what mischief these blessed women have been at." And, making a long arm, Dr. Alec set the bottles on the wide railing before him, examined each carefully, smiled over some, frowned over others, and said, as he put down the last: "Now


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 I'll show you the best way to take these messes." And, as quick as a flash, he sent one after another smashing down into the posy-beds below.

"But Aunt Plenty won't like it; and Aunt Myra will be angry, for she sent most of them!" cried Rose, half frightened and half pleased at such energetic measures.

"You are my patient now, and I'll take the responsibility. My way of giving physic is evidently the best, for you look better already," he said, laughing so infectiously that Rose followed suit, saying saucily,—

"If I don't like your medicines any better than those, I shall throw them into the garden, and then what will you do?"

"When I prescribe such rubbish, I'll give you leave to pitch it overboard as soon as you like. Now what is the next trouble?"

"I hoped you would forget to ask."

"But how can I help you if I don't know them? Come, let us have No. 3."

"It is very wrong, I suppose, but I do sometimes wish I had not quite so many aunts. They are all very good to me, and I want to please them; but they are so different, I feel sort of pulled to pieces among them," said Rose, trying to express the emotions of a stray chicken with six hens all clucking over it at once.

Uncle Alec threw back his head and laughed like a boy, for he could entirely understand how the good ladies had each put in her oar and tried to paddle her own way, to the great disturbance of the waters and the entire bewilderment of poor Rose.

"I intend to try a course of uncles now, and see how that suits your constitution. I'm going to have you


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, 566 U.S. at 455, 132 S.Ct. 1702 (emphasis in original).

Congress’s use of the term “individual” in the Patent Act strengthens the conclusion that an “inventor” must be a natural person. Congress provided that in executing the oath or declaration accompanying a patent application, the inventor must include a statement that “such to be the original inventor or an original joint inventor of a claimed invention in the application.” 35 U.S.C. § 115(b)(2) (emphasis added). The Supreme Court has recognized the principle that “a word is known by the company it keeps (the doctrine of )” and that this principle is a “rule we rely upon to avoid ascribing to one word a meaning so broad that it is inconsistent with its accompanying words, thus giving ‘unintended breadth to the Acts of Congress.’ ”, 513 U.S. 561, 575; 115 S.Ct. 1061, 131 L.Ed.2d 1 (1995) (quoting, 367 U.S. 303, 307, 81 S.Ct. 1579, 6 L.Ed.2d 859 (1961)). By using personal pronouns such as “himself or herself” and the verb “believes” in adjacent terms modifying “individual,” Congress was clearly referencing a natural person. Because “there is a presumption that a given term is used to mean the same thing throughout a statute,” the term “individual” is presumed to have a consistent meaning throughout the Patent Act. , 566 U.S. at 456, 132 S.Ct. 1702. As the USPTO correctly observes, plaintiff relies on no statutory text within the Patent Act to support his argument that Congress intended to deviate from the typical use of “individual” as meaning a natural person. Instead, plaintiff argues that “[e]ven if statutory and judicial language refers to inventors as individuals, none of this has been in the context of AI-[g]enerated [i]nventions.” [Dkt. No. 19] at 17. That argument does not undercut that the ordinary meaning of the word “individual,” fortified by its statutory context, refers to natural persons, which necessarily excludes artificial intelligence machines.

This conclusion is further buttressed by the Federal Circuit’s consistent holdings that under current patent law “inventors must be natural persons.”, 734 F.3d at 1323; , 990 F.2d at 1248. In, the Federal Circuit evaluated whether a state was the real party in interest where a state university sued officials of another state university (but not the university itself) to correct inventorship of a patent. In holding that “a State has no core sovereign interest in inventorship,” the Federal Circuit stated that “[i]t is axiomatic that inventors are the individuals that conceive of the invention: [c]onception is the touchstone of inventorship,” and that “[t]o perform this mental act [of conception], inventors must be natural persons and cannot be corporations or sovereigns.” 734 F.3d at 1323. In, the Federal Circuit stated that a corporation “could never have been declared an ‘inventor,’ as [the corporation] was merely a corporate assignee and only natural persons can be ‘inventors.’ ” 990 F.2d at 1248 (citing 35 U.S.C. §§ 115–118). Although these cases did not squarely address the issue raised in this civil action, the unequivocal statements from the Federal Circuit that “inventors must be natural persons” and “only natural persons can be ‘inventors’ ” support the plain meaning of “individual” in the Patent Act as referring only to a natural person and not to an artificial intelligence machine. , 734 F.3d at 1323;, 990 F.2d at 1248.

Having neither facts nor law to support his argument, plaintiff’s main argument is that policy considerations and the general purpose of the Constitution’s

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 all to myself, and no one is to give a word of advice unless I ask it. There is no other way to keep order aboard, and I am captain of this little craft, for a time at least. What comes next?"

But Rose stuck there, and grew so red, her uncle guessed what that trouble was.

"I don't think I can tell this one. It would n't be polite, and I feel pretty sure that it isn't going to be a trouble any more."

As she blushed and stammered over these words, Dr. Alec turned his eyes away to the distant sea, and said so seriously, so tenderly, that she felt every word and long remembered them,—

"My child, I don't expect you to love and trust me all at once, but I do want you to believe that I shall give my whole heart to this new duty; and if I make mistakes, as I probably shall, no one will grieve over them more bitterly than I. It is my fault that I am a stranger to you, when I want to be your best friend. That is one of my mistakes, and I never repented it more deeply than I do now. Your father and I had a trouble once, and I thought I could never forgive him; so I kept away for years. Thank God, we made it all up the last time I saw him, and he told me then, that if he was forced to leave her he should bequeath his little girl to me as a token of his love. I can't fill his place, but I shall try to be a father to her; and if she learns to love me half as well as she did the good one she has lost, I shall be a proud and happy man. Will she believe this and try?"

Something in Uncle Alec's face touched Rose to the heart, and when he held out his hand with that anx-


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 ious, troubled look in his eyes, she was moved to put up her innocent lips and seal the contract with a confiding kiss. The strong arm held her close a minute, and she felt the broad chest heave once as if with a great sigh of relief; but not a word was spoken till a tap at the door made both start.

Rose popped her head through the window to say "come in," while Dr. Alec hastily rubbed the sleeve of his jacket across his eyes and began to whistle again.

Phebe appeared with a cup of coffee.

"Debby told me to bring this and help you get up," she said, opening her black eyes wide, as if she wondered how on earth "the sailor man" got there.

"I'm all dressed, so I don't need any help. I hope that is good and strong," added Rose, eyeing the steaming cup with an eager look.

But she did not get it, for a brown hand took possession of it as her uncle said quickly,—

"Hold hard, my lass, and let me overhaul that dose before you take it. Do you drink all this strong coffee every morning, Rose?"

"Yes, sir, and I like it. Auntie says it 'tones' me up, and I always feel better after it."

"This accounts for the sleepless nights, the flutter your heart gets into at the least start, and this is why that cheek of yours is pale yellow instead of rosy red. No more coffee for you, my dear, and by and by you'll see that I am right. Any new milk downstairs, Phebe?"

"Yes, sir, plenty,—right in from the barn."

"That's the drink for my patient. Go bring me a


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 Patent Clause and the Patent Act require that the statute be read to encompass artificial intelligence machines as “inventors.” Plaintiff argues that: "Allowing patents for AI-Generated Inventions will result in more innovation. It will incentivize the development of AI capable of producing patentable output by making that output more valuable. … Patents also incentivize commercialization and disclosure of information, and this incentive applies with equal force to a human and an AI-Generated Invention. By contrast, denying patent protection for AI-Generated Inventions threatens to undermine the patent system by failing to encourage the production of socially valuable inventions.

Patent law also protects the moral rights of human inventors and listing an AI as an inventor where appropriate would protect these human rights. … [I]t will discourage individuals from listing themselves as inventors without having contributed to an invention’s conception merely because their name is needed to obtain a patent. Allowing a person to be listed as an inventor for an AI-Generated Invention would not be unfair to an AI, which has no interest in being acknowledged, but allowing people to take credit for work they have not done would devalue human inventorship."

[Dkt. No. 19] at 11–12. Accordingly, plaintiff argues that the Court should seek to give effect to Congress’s intent “to create a system that would encourage innovation, as well as to promote disclosure of information and commercialization of new technologies.” at 12. Plaintiff provides no support for his argument that these policy considerations should override the plain meaning of a statutory term. Moreover, the Supreme Court has held that there must be “ indication” that Congress intended a particular provision to be one of the “rare statute[s]” that contains a different meaning for the term “individual.”, 566 U.S. at 455, 132 S.Ct. 1702 (emphasis in original). Accordingly, plaintiffsplaintiff’s [sic] position that the USPTO must “provide … evidence that Congress intended to prohibit patents on AI-[g]enerated [i]nventions” has the burden exactly backwards. [Dkt. No. 28] at 12.

The Supreme Court and Federal Circuit have explicitly held that policy considerations cannot overcome a statute’s plain language, and that “[m]atters of policy are for Congress, not the courts, to decide.”, 876 F.2d 99, 101 (Fed. Cir. 1989) ; , – U.S. —, 137 S. Ct. 1664, 1678, 198 L.Ed.2d 114 (2017) (“Even if we were persuaded that Amgen had the better of the policy arguments, those arguments could not overcome the statute’s plain language, which is our ‘primary guide’ to Congress’ preferred policy.”); , 576 U.S. 446, 463–64, 135 S.Ct. 2401, 192 L.Ed.2d 463 (2015) (holding that, although one litigant “also [sought] support from the wellspring of all patent policy: the goal of promoting innovation[,] …. [sic] [c]laims that a statutory precedent has serious and harmful consequences for innovation are

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 pitcherful, and another cup; I want a draught myself. This won't hurt the honeysuckles, for they have no nerves to speak of." And, to Rose's great discomfort, the coffee went after the medicine.

Dr. Alec saw the injured look she put on, but took no notice, and presently banished it by saying pleasantly,—

"I've got a capital little cup among my traps, and I'll give it to you to drink your milk in, as it is made of wood that is supposed to improve whatever is put into it,—something like a quassia cup. That reminds me; one of the boxes Phebe wanted to lug upstairs last night is for you. Knowing that I was coming home to find a ready-made daughter, I picked up all sorts of odd and pretty trifles along the way, hoping she would be able to find something she liked among them all. Early to-morrow we'll have a grand rummage. Here's our milk! I propose the health of Miss Rose Campbell—and drink it with all my heart."

It was impossible for Rose to pout with the prospect of a delightful boxful of gifts dancing before her eyes; so, in spite of herself, she smiled as she drank her own health, and found that fresh milk was not a hard dose to take.

"Now I must be off, before I am caught again with my wig in a toss," said Dr. Alec, preparing to descend the way he came.

"Do you always go in and out like a cat, uncle?" asked Rose, much amused at his odd ways.

"I used to sneak out of my window when I was a boy, so I need not disturb the aunts, and now I rather like it, for it's the shortest road, and it keeps me lim-


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 was making him say things; it was either those immovable rocks, which threw him back in foam, whirling wildly, or it was that fringe of gaunt skeleton trees hanging from the bank playing a "pull devil, pull baker" contest that made him hiss with vexation. But this was an elemental roar. I said to M'bo: "That's a thunderstorm away among the mountains." "No, sir," says he, "that's the Alemba."

We paddled on towards it, hugging the right-hand bank again to avoid the mid-river rocks. For a brief space the mountain wall ceased, and a lovely scene opened before us; we seemed to be looking into the heart of the chain of the Sierra del Cristal, the abruptly shaped mountains encircling a narrow plain or valley before us, each one of them steep in slope, every one of them forest-clad; one, whose name I know not unless it be what is sometimes put down as Mt. Okana on the French maps, had a conical shape which contrasted beautifully with the more irregular curves of its companions. The colour down this gap was superb, and very Japanese in the evening glow. The more distant peaks were soft gray-blues and purple, those nearer, indigo and black. We soon passed this lovely scene and entered the walled-in channel, creeping up what seemed an interminable hill of black water, then through some whirlpools and a rocky channel to the sand and rock shore of our desired island Kondo Kondo, along whose northern side tore in thunder the Alemba. We made our canoe fast in a little cove among the rocks, and landed, pretty stiff and tired and considerably damp. This island, when we were on it, must have been about half a mile or so long, but during the long wet season a good deal of it is covered, and only the higher parts—great heaps of stone, among which grows a long branched willow-like—shrub-are above or nearly above water. The Adooma from Kembe Island especially drew my attention to this shrub, telling me his people who worked the rapids always regarded it with an affectionate veneration; for he said it was the only thing that helped a man when his canoe got thrown over in the dreaded Alemba, for its long tough branches swimming in, or close to, the water are veritable life lines, and his best chance; a chance which must have failed some poor fellow, whose knife and leopard-skin belt


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 ber when I have no rigging to climb. Good-bye till breakfast." And away he went down the water-spout, over the roof, and vanished among the budding honeysuckles below.

"Ain't he a funny guardeen?" exclaimed Phebe, as she went off with the cups.

"He is a very kind one, I think," answered Rose, following, to prowl round the big boxes and try to guess which was hers.

When her uncle appeared at sound of the bell, he found her surveying with an anxious face a new dish that smoked upon the table.

"Got a fresh trouble, Rosy?" he asked, stroking her smooth head.

"Uncle, are you going to make me eat oatmeal?" asked Rose, in a tragic tone.

"Don't you like it?"

"I de-test it!" answered Rose, with all the emphasis which a turned-up nose, a shudder, and a groan could give to the three words.

"You are not a true Scotchwoman, if you don't like the 'parritch.' It's a pity, for I made it myself, and thought we'd have such a good time with all that cream to float it in. Well, never mind." And he sat down with a disappointed air.

Rose had made up her mind to be obstinate about it, because she did heartily "detest" the dish; but as Uncle Alec did not attempt to make her obey, she suddenly changed her mind and thought she would.

"I'll try to eat it to please you, uncle; but people are always saying how wholesome it is, and that makes me hate it," she said, half-ashamed at her silly excuse.


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 (to repeat this opinion’s refrain) more appropriately addressed to Congress”).

In response to plaintiff’s accusations that the USPTO has not considered the policy ramifications of its decision that an artificial intelligence machine cannot be an “inventor,” the USPTO represents that it “continues to study the impact of artificial intelligence on current patent regulations, and has engaged the public-at-large in a conversation on the subject.” [Dkt. Nos. 24, 25] at 21 n.10. Specifically, the USPTO points to a conference on artificial intelligence policy it held in January 2019, and to requests for public comment “on a whole host of issues related to the intersection of intellectual property policy and artificial intelligence” it issued in August and October 2019. In October 2020, the USPTO issued a comprehensive report on those comments. (citing, https://www.uspto.gov/sites/default/files/documents/USPTO_AI-Report_2020-10-07.pdf (visited August 31, 2021)). Many commentators disagreed with plaintiff’s view that artificial intelligence machines should be recognized as inventors—for example, the report found general themes among the comments that: "The majority of public commenters, while not offering definitions of [artificial intelligence (“AI”)], agreed that the current state of the art is limited to “narrow” AI. Narrow AI systems are those that perform individual tasks in well-defined domains (e.g., image recognition, translation, etc.). The majority viewed the concept of artificial general intelligence (AGI)—intelligence akin to that possessed by humankind and beyond—as merely a theoretical possibility that could arise in a distant future.

Based on the majority view that AGI has not yet arrived, the majority of comments suggested that current AI could neither invent nor author without human intervention. The comments suggested that human beings remain integral to the operation of AI, and this is an important consideration in evaluating whether IP law needs modification in view of the current state of AI technology."

at ii–iii;  at 6.

Additionally, the USPTO points to the fact that, contrary to plaintiff’s assertion that the “statutes relied upon by Defendants were passed long before AI-[g]enerated [i]nventions were a reality” and that if Congress had contemplated this artificial intelligence issue, it would have included artificial intelligence machines within the definition of “inventors”;, [sic] Congress defined an “inventor” as an “individual” through the America Invents Act in 2011, when artificial intelligence was already in existence. Pub. L. 112-29, § 3(a), 125 Stat. 285 (Sept. 16, 2011); H.R. Rep. No. 112-98 (June 1, 2011),  2011 U.S.C.C.A.N. 67, 67. Accordingly, plaintiff’s policy arguments do not override the overwhelming evidence that Congress intended to limit the definition of “inventor” to natural persons. As technology evolves, there may come a time when artificial intelligence reaches a level of sophistication such that it might satisfy accepted meanings of inventorship. But that time has not yet arrived, and, if it does, it will be up to Congress to decide how, if at all, it wants to expand the scope of patent law.

For the reasons stated above, Defendants’ Motion for Summary Judgment [Dkt. No. 23] will be granted, Plaintiff’s Motion for Summary Judgment [Dkt. No. 18] will be denied, and Apper’s Motion to Take Leave to Accept Attached Amicus Curiae Memorandum Opposing MSJ and Motion to Waive Fees [Dkt. No. 27] will be

title: Page:Thaler v. Hirshfeld.pdf/12


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 we found wedged in among the rocks on Kondo Kondo. The main part of the island is sand, with slabs and tables of polished rock sticking up through it; and between the rocks grew in thousands most beautiful lilies, their white flowers having a very strong scent of vanilla and their bright light-green leaves looking very lovely on the glistening pale sand among the black-gray rock. How they stand the long submersion they must undergo I do not know; the natives tell me they begin to spring up as soon as ever the water falls and leaves the island exposed; that they very soon grow up and flower, and keep on flowering until the Ogowe comes down again and rides roughshod over Kondo Kondo for months. While the men were making their fire I went across the island to see the great Alemba rapid, of which I had heard so much, that lay between it and the north bank. Nobler pens than mine must sing its glory and its grandeur. Its face was like nothing I have seen before. Its voice was like nothing I have heard. Those other rapids are not to be compared to it; they are wild, headstrong, and malignant enough, but the Alemba is not as they. It does not struggle, and writhe, and brawl among the rocks, but comes in a majestic springing dance, a stretch of waltzing foam, triumphant.

The beauty of the night on Kondo Kondo was superb; the sun went down and the afterglow flashed across the sky in crimson, purple, and gold, leaving it a deep violet-purple, with the great stars hanging in it like moons, until the moon herself arose, lighting the sky long before she sent her beams down on us in this valley. As she rose, the mountains hiding her face grew harder and harder in outline, and deeper and deeper black, while those opposite were just enough illumined to let one see the wefts and floating veils of blue-white mist upon them, and when at last, and for a short time only, she shone full down on the savage foam of the Alemba, she turned it into a soft silver mist. Around, on all sides flickered the fire-flies, who had come to see if our fire was not a big relation of their own, and they were the sole representatives, with ourselves, of animal life. When the moon had gone, the sky, still lit by the stars, seeming indeed to be in itself lambent, was very lovely, but it shared none of


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 its light with us, and we sat round our fire surrounded by an utter darkness. Cold, clammy drifts of almost tangible mist encircled us; ever and again came cold faint puffs of wandering wind, weird and grim beyond description.

The individual names of the mountains round Kondo Kondo and above I cannot give you, though I was told them. For in my last shipwreck before reaching Kondo Kondo, I had lost my pencil; and my note-book, even if I had had a pencil, was unfit to get native names down on, being a pulpy mass, because I had kept it in my pocket after leaving the Okana river so as to be ready for submergencies. And I also had several fish and a good deal of water in my pocket too, so that I am thankful I have a note left.

I will not weary you further with details of our ascent of the Ogowé rapids, for I have done so already sufficiently to make you understand the sort of work going up them entails, and I have no doubt that, could I have given you a more vivid picture of them, you would join me in admiration of the fiery pluck of those few Frenchmen who traverse them on duty bound. I personally deeply regret it was not my good fortune to meet again the French official I had had the pleasure of meeting on the Éclaireur. He would have been truly great in his description of his voyage to Franceville. I wonder how he would have "done" his unpacking of canoes and his experiences on Kondo Kondo, where, by the by, we came across many of the ashes of his expedition's attributive fires. Well! he must have been a pleasure to Franceville, and I hope also to the good fathers at Lestourville, for those places must be just slightly sombre for Parisians.

Going down big rapids is always, everywhere, more dangerous than coming up, because when you are coming up and a whirlpool or eddy does jam you on rocks, the current helps you off—certainly only with a view to dashing your brains out and smashing your canoe on another set of rocks it's got ready below; but for the time being it helps, and when off, you take charge and convert its plan into an incompleted fragment; whereas in going down the current is against your backing off. M'bo had a series of prophetic visions as to what would happen to us on our way down, founded on reminiscence and tradition.


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 Rules In Malay Chess.

There is a paper on Malay Chess, by Mr. Elcum in Journal XLIX, and the game is discussed in Mr. R. J. Wilkinson's Life and Customs, Part III, Malay Amusements (Kuala Lumpur 1910). Some years ago 1 got a copy of the rules of Malay chess as played at Sri Menanti in Negri Sembilan: and I kept it by me, in case 1 should ever learn the game and so be qualified to discuss them. Perhaps I never shall learn, or perhaps the white ants may have devoured my MS, before I find time and inclination to learn. So, now I print the rules as they stand, in case they may interest players of chess.

(1) Tiap-tiap buah yang tělah di-usek, buah itu-lal juga akan di-jalankan.

(2) Boleh di-makan buah apa-apa suka, jika běrgaul sa-kali pun.

(3) Tiap-tiap bidak yang tĕlah naik ka-měrchu papan-nya boleh měnjadi ganti těmpat itu-lah; jika sampai ka-těmpat mantěri, boleh jadi mantěri: demikian juga di-tempat lain-nya.

(4) Bidak boleh běrjalan dua tapak pada pertama běrjalan, kĕmudian sa-tapak sahaja.

(5) Raja tiada sa-kali-kali boleh běrgerak, jika sa-bělum kĕna sah.

(6) Jika tinggal satu bidak dĕngan sa-orang raja, maka bidak itu Maharaja Lela, boleh di-jadikan mantĕri atau lain-nya.

(7) Jika di-sah raja děngan tiada běrgaul, boleh juga raja itu měmakan memakul buah yang sah itu. baik sa-tapak atau dua tapak sapěrti jalan kuda atau jalan tih (?= tir R. O. W.)

(8) Jika tinggal raja sa-orang diri-nya, boleh-lah raja ita bĕrjalan sa-tapak-tapak atau sapĕrti lompat kuda.

(9) Apa-bila tělah běrjalan, hal-nya tělah tĕrlĕpas tangan: maka tiada boleh di-ubah lagi.

(10) Yang di-bangsakan sĕri—tiada kalah, tiada měnang—tinggal dua dengan satu mĕlainkan bĕrdua mantĕri.


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 I tried to comfort him by pointing out that, were any one of his prophecies fulfilled, it would spare our friends and relations all funeral expenses; and, unless they went and wasted their money on a memorial window, that ought to be a comfort to our well-regulated minds. M'bo did not see this, but was too good a Christian to be troubled by the disagreeable conviction that was in the minds of other members of my crew, namely, that our souls, unliberated by funeral rites from this world, would have to hover for ever over the Ogowé near the scene of our catastrophe. I own this idea was an unpleasant one—fancy having to pass the day in those caves with the bats, and then come out and wander all night in the cold mists! However, like a good many likely-looking prophecies, those of M'bo did not quite come off, and a miss is as good as a mile. Twice we had a near call, by being shot in between two pinnacle rocks, within half an inch of being fatally close to each other for us; but after some alarming scrunching sounds, and creaks from the canoe, we were shot ignominiously out down river. Several times we got on to partially submerged table rocks, and were


text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 77/Rules in Malay Chess


text: Author:Libuše Moták

title: Author:Libuše Moták


text:
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 There is another scrap of paper, in this all but illegible handwriting, written about this time, and which gives some idea of the sources of their opinions.

"Once Papa lent my sister Maria a book. It was an old geography-book; she wrote on its blank leaf, 'Papa lent me this book.' This book is a hundred and twenty years old; it is at this moment lying before me. While I write this I am in the kitchen of the Parsonage, Haworth; Tabby, the servant, is washing up the breakfast-things, and Anne, my youngest sister (Maria was my eldest), is kneeling on a chair, looking at some cakes which Tabby has been baking for us. Emily is in the parlour, brushing the carpet. Papa and Branwell are gone to Keighley. Aunt is up-stairs in her room, and I am sitting by the table writing this in the kitchen. Keighley is a small town four miles from here. Papa and Branwell are gone for the newspaper, the 'Leeds Intelligencer,' a most excellent Tory newspaper, edited by Mr. Wood, and the proprietor, Mr. Henneman. We take two and see three newspapers a week. We take the 'Leeds Intelligencer,' Tory, and the 'Leeds Mercury,' Whig, edited by Mr. Baines, and his brother, son-in-law, and his two sons, Edward and Talbot. We see the 'John Bull;' it is a high Tory, very violent. Mr. Driver lends us it, as likewise 'Blackwood's Magazine,' the most able periodical there is. The Editor is Mr. Christopher North, an old man seventy-four years of age; the 1st of April is his birth-day; his company are Timothy


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 unceremoniously bundled off them by the Ogowé, irritated at the hindrance we were occasioning; but we never met the rocks of M'bo's prophetic soul—that lurking, submerged needle, or knife-edge of a pinnacle rock which was to rip our canoe from stem to stern, neat and clean into two pieces.

A comic incident happened to us one evening. The canoe jammed among a clump of rocks, and out we went anyhow into the water. Fortunately, there were lots of rocks about; unfortunately, we each chose different ones to perch on; mine was exceedingly inconvenient, being a smooth pillar affair, to which it was all I and the French flag, which always accompanied me in upsets, could do to hold on. There was considerable delay in making up our party again, for the murkiness of the night only allowed each of us to see the foam which flew round our own particular rock, and the noise of the rapids made it difficult for us to interchange information regarding our own individual position and plan of action. However, owing to that weak-minded canoe swinging round broadside on to the rocks, she did not bolt down the river. When Pierre got to her she was trying to climb sideways over them, "like a crab," he said. We seven of us got into her—number eight we could not find and were just beginning to think the Ogowé had claimed another victim when we heard the strains of that fine hymn "Notre port est au Ciel,"—which is a great favourite hereabouts owing to its noble tune,—coming to us above the rapids' clamour in an agonised howl. We went joyfully and picked the singer off his rock, and then dashed downwards to further dilemmas and disasters. The course we had to take coming down was different to that we took coming up. Coming up we kept as closely as might be to the most advisable bank, and dodged behind every rock we could, to profit by the shelter it afforded us from the current. Coming down, fallen-tree-fringed banks and rocks were converted from friends to foes; so we kept with all our power in the very centre of the swiftest part of the current in order to avoid them. The grandest part of the whole time was coming down, below the Alemba, where the whole great Ogowé takes a tiger-like spring for about half a mile, I should think, before it strikes a rock reef below. As you come out


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happened on a time that Raja Secander, the son of, Raja Darab of Rum, of the race of Makaduniah, the name of whose empire was Zulkarneini, wished to see the rising of the sun; and with this view he reached the confines of the land of Hind. There was a raja in Hindostan, named Raja Kida Hindi, who was very powerful, and whose empire extended over the half of Hindostan, and immediately on the approach of Raja Secander, he sent his prime minister to collect his forces, and marched out to meet him. The armies engaged, and a fine battle ensued, as is recorded fully in the history of Raja Secander. In fine, Raja Kida Hindi was defeated and taken prisoner, and embraced the true faith according to the law of the prophet Ibrahim, the friend of God; after which he was sent back to his own country. This Raja Kida Hindi had a daughter extremely beautiful and handsome, whose face glittered and shone like the sun, and whose understanding and qualities were

title: Page:Malay Annals.pdf/20


text:
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 granted by an Order to be issued with this Memorandum Opinion.

title: Page:Thaler v. Hirshfeld.pdf/13


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 Tickler, Morgan O'Doherty, Macrabin Mordecai, Mullion, Warnell, and James Hogg, a man of most extraordinary genius, a Scottish shepherd. Our plays were established; 'Young Men,' June, 1826; 'Our Fellows,' July, 1827; 'Islanders,' December, 1827. These are our three great plays, that are not kept secret. Emily's and my best plays were established the 1st of December, 1827; the others March, 1828. Best plays mean secret plays; they are very nice ones. All our plays are very strange ones. Their nature I need not write on paper, for I think I shall always remember them. The 'Young Men's' play took its rise from some wooden soldiers Branwell had; 'Our Fellows' from 'Æsop's Fables'; and the 'Islanders' from several events which happened. I will sketch out the origin of our plays more explicitly if I can. First, 'Young Men.' Papa bought Branwell some wooden soldiers at Leeds; when Papa came home it was night, and we were in bed, so next morning Branwell came to our door with a box of soldiers. Emily and I jumped out of bed, and I snatched up one and exclaimed, 'This is the Duke of Wellington! This shall be the Duke!' When I had said this Emily likewise took one up and said it should be hers; when Anne came down, she said one should be hers. Mine was the prettiest of the whole, and the tallest, and the most perfect in every part. Emily's was a grave-looking fellow, and we called him 'Gravey.' Anne's was a queer little thing, much like herself, and we called him 'Waiting-boy.' Branwell chose his, and called him 'Buonaparte.


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618 the seals' pressure ridge of sea ice between us and them, but as I could see them quite distinctly I had no doubt they could see us, and we were occupied more than once just then in beating the teams off stray seals, so that we didn't go by either very quickly or very silently. From here we ran into the Gap, where there was some nasty pressed-up ice to cross and large gaps and cracks by the ice foot; but with the Alpine rope and a rush we got first one team over and then the other without mishap on to the land ice, and were then practically at Hut Point. However, expecting that the pony party was following us, we ran our teams up on to level ice, picketed them, and pitched our tent, to remain there for the night, as we had a half-mile of rock to cross to reach the hut and the sledges would have to be carried over this and the dogs led by hand in couples—a very long job. Having done this we returned to the ice foot with a pick and a shovel to improve the road up for horse party, as they would have to come over the same bad ice we had found difficult with the dogs; but they were nowhere to be seen close at hand as we had expected, for they were miles out, as we soon saw, still trying to reach Hut Point by the sea ice round Cape Armitage thaw pool, and on the ice which was showing a working crack at 30 paces. I couldn't understand how Scott could do such a thing, and it was only the next day that I found out that Scott had remained behind and had sent Bowers in charge of this pony party. Bowers, having had no experience of the kind, did not grasp the situation for some time, and as we watched him and his party—or as we thought Captain Scott and his party—of ponies we saw them all suddenly realise that they were getting into trouble and the whole party turned back; but instead of coming back towards the Gap as we had, we saw them go due south towards the Barrier edge and White Island. Then I thought they were all right, for I knew they would get on to safe ice and camp for the night. We therefore had our supper in the tent and were turning in between eleven and twelve when I had a last look to see where they were and found they had camped as it appeared to me on safe Barrier ice, the only safe thing they could have done. They were now about six miles away from us, and it was lucky that I had my Goerz glasses with me so that we could follow their movements. Now as everything looked all right, Meares and I turned in and slept. At 5 I awoke, and as I felt uneasy about the party I went out and along the Gap to where we could see their camp, and I was horrified to see that the whole of the sea ice was now on the move and that it had broken up for miles further than when we turned in and right back past where they had camped, and that the pony party was now, as we could see, adrift on a floe and separated by open water and a lot of drifting ice from the edge of the fast Barrier ice. We could see with our glasses that they were running the ponies and sledges over as quickly as possible from floe to floe whenever they could, trying to draw nearer to the safe Barrier ice again. The whole Strait was now open water to the N. of Cape Armitage, with the frost


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 from among the rocks in the upper rapid it gives you—or I should perhaps confine myself to saying, it gave me—a peculiar internal sensation to see that stretch of black water, shining like a burnished sheet of metal, sloping down before one, at such an angle. All you have got to do is to keep your canoe-head straight—quite straight, you understand—for any failure so to do will land you the other side of the tomb, instead of in a cheerful no-end-of-a-row with the lower rapid's rocks. This lower rapid is one of the worst in the dry season; maybe it is so in the wet too, for the river's channel here turns an elbow-sharp curve which infuriates the Ogowé in a most dangerous manner.

I hope to see the Ogowé next time in the wet season—there must be several more of these great sheets of water then over what are rocky rapids now. Just think what coming down over that ridge above Boko Boko will be like! I do not fancy however it would ever be possible to get up the river when it is at its height, with so small a crew as we were when we went and played our knock-about farce, before King Death, in his amphitheatre in the Sierra del Cristal.


text: Thaler v. Hirshfeld

title: Thaler v. Hirshfeld


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 pointer; thence I slid into a compliment on Madame's flowers, and thence into a word in praise of their way of life.

If you ventured on such an experiment in England you would get a slap in the face at once. The life would be shown to be a vile one, not without a side shot at your better fortune, Now, what I like so much in France is the clear unflinching recognition by everybody of his own luck. They all know on which side their bread is buttered, and take a pleasure in showing it to others, which is surely the better part of religion. And they scorn to make a poor mouth over their poverty, which I take to be the better part of manliness. I have heard a woman in quite a better position at home, with a good bit of money in hand, refer to her own child with a horrid whine as a poor man's child." I would not say such a thing to the Duke of Westminster. And the French are full of this spirit of inde-


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my return to Talagouga, I find both my good friends sick with fever—M. Forget very ill indeed. Providentially the Éclaireur came up river, with the Doctor Administrator on board, and he came ashore and prescribed, and in a few days M. Forget was better. I say good-bye to Talagouga with much regret, and go on board the Éclaireur, when she returns from Njole, with all my bottles and belongings. On board I find no other passenger; the captain's English has widened out considerably; and he is as pleasant, cheery, and spoiling for a fight as ever; but he has a preoccupied manner, and a most peculiar set of new habits, which I find are shared by the engineer. Both of them make rapid dashes to the rail, and nervously scan the river for a minute and then return to some occupation, only to dash from it to the rail again. During breakfast their conduct is nerve-shaking. Hastily taking a few mouthfuls, the captain drops his knife and fork and simply hurls his seamanlike form through the nearest door out on to the deck. In another minute he is back again, and with just a shake of his head to the engineer, continues his meal. The engineer shortly afterwards flies from his seat, and being far thinner than the captain, goes through his nearest door with even greater rapidity; returns, and shakes his head at the captain, and continues his meal. Excitement of this kind is infectious, and I also wonder whether I ought not to show a sympathetic friendliness by flying from my seat and hurling myself on to the deck through my nearest door, too.


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Rh

10. Little or no Sea Breeze, towards the evening a North,


text: Travels in West Africa, Congo Français, Corisco and Cameroons/Chapter 8


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 pendence. Perhaps it is the result of republican institutions, as they call them. Much more likely it is because there are so few people really poor, that the whiners are not enough to keep each other in countenance.

The people on the barge were delighted to hear that I admired their state. They understood perfectly well, they told me, how Monsieur envied them. Without doubt Monsieur was rich; and in that case he might make a canal-boat as pretty as a villa—joli comme un château. And with that they invited me on board their own water villa. They apologised for their cabin; they had not been rich enough to make it as it ought to be.

"The fire should have been here, at this side," explained the husband. "Then one might have a writing-table in the middle—books—and" (comprehensively) "all. It would be quite coquettish—ça serait tout-à-fait coquet." And he looked about him as though the improvements


text: Travels in West Africa, Congo Français, Corisco and Cameroons/Chapter 9


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 were already made. It was plainly not the first time that he had thus beautified his cabin in imagination; and when next he makes a hit, I should expect to see the writing-table in the middle.

Madame had three birds in a cage. They were no great thing, she explained. Fine birds were so dear. They had sought to get a Hollandais last winter in Rouen (Rouen? thought I; and is this whole mansion, with its dogs and birds and smoking chimneys, so far a traveller as that? and as homely an object among the cliffs and orchards of the Seine as on the green plains of Sambre?)—they had sought to get a Hollandais last winter in Rouen; but these cost fifteen francs a-piece—picture it—fifteen francs!

"Pour un tout petit oiseau—For quite a little bird," added the husband.

As I continued to admire, the apologetics