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Probably the only constructive contribution that can be made in a symposium such as this by a concurring participant in the Committee's deliberations-unless he is to center his approach on answering those who have dissented-is to consider and expand on that which was not said in the Report.1 Although to do so may come perilously close to defining the non-existent, the unsaid things may properly be divided into two groups: that which was not said because it was fundamental to the thinking behind the Report, and, therefore, simply assumed; and that which was not said because it was deemed to be beyond the subject assigned to the Committee, and hence not assumed at all. Obviously, it can make a great deal of difference whether a nonstatement is assumed and presumed to be understood by the reader, or whether it is simply excluded. altogether from the area of communication between the writer and the reader. The first of these, at the very least, ought to be clearly delineated; it would be helpful if the latter were expressly set aside. A fair conclusion would be that the unsaid ought to be explicitly so! In order to find out what the Patent Chapter has not said, we should look first briefly at what it has covered. In the thirty-eight pages devoted to this subject,2 the Report treats the philosophy and theory which underly the patent grant and spells out the reconciliation with the public interest of the private award to the inventor. It delineates the ways in which the patent grant is designed to achieve its public purpose, and it expressly states that a patent is a species of "personal property." ' Moving forward from this introduction, the Report considers in detail the relationship of the patent grant to the antitrust laws and

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