invention and thereby establish a nongovernmental commercial position; at the cost of $600 per unit, however, marketability of the invention would obviously be unduly limited. In this regard, Petitioner points out potential use of the invention for foundry workers, firefighters, race drivers, and the like, and it is considered quite certain that further development of the invention is needed to improve manufacturing techniques, to reduce unit costs to an acceptable level of perhaps $100 per garment. Petitioner has indicated its willingness to assume the burden of these costs, provided it succeeds in obtaining title to the invention.

In view of the foregoing discussion, indicating clearly that the invention has not yet been developed to the point of practical application; Petitioner's not insignificant

experience gained from its production of thirteen of the garments under the invention; and the evaluation thereof by industry, indicating Petitioner's developing know-how and technical competence in the area, the incentive furnished by Petitioner's acquisition of exclusive patent rights in the present invention is clearly established, and considered to be effective as a stimulus to encourage early further development thereof.

On the basis of all the above-enumerated findings, the Inventions and Contributions Board concludes that the interests of the United States would best be served by waiving title under Section 1245.106 of the NASA Patent Waiver Regulations of August 27, 1964, and therefore RECOMMENDS THE GRANT OF THE PETITION.

PETITIONER: United Aircraft Corporation

CONTRACT:

NAS 9-723

STATEMENT OF FACTS: The Petitioner, United Aircraft Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 9-723. The petition was made for waiver of title of the United States in an invention entitled "Construction of Liquid Cooled and Heated Suit," described in an attachment to the petition. The invention was made by James H. Hopper, an employee of the Petitioner, in the performance of work required under the above-identified contract, and in the manner specified in Section 305(a) of the National Aeronautics and Space Act of 1958, as determined by the Administrator. The petition was considered by the Inventions and Contributions Board on May 28, 1965.

The Board, having duly considered the allegations and claims of the above-identified petition, expressly makes the findings required under Section 1245.106(b) of the NASA Patent Waiver Regulations (1964), (which Section, in its entirety, is hereby expressly incorporated by reference), and concludes that the invention does not fall within the enumerated proscriptions of the cited Section. The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection.

SECTION 1245.106(b)(1). Although exhibiting potentially large commercial application as a protective garment under conditions of extreme heat or cold, the undergarment of the present invention was designed specifically as a result of a governmental program for the development of an improved space for Project Apollo, with no intent to develop an end item for use by

the general public. Nor is any other governmental program known to exist to develop such suits for the public.

SECTION 1245.106(b)(2). Since the present undergarment was specifically designed solely for rather limited use by comparatively few astronauts on a space mission, it is considered unlikely that the Government will issue regulations requiring public use of the invention.

SECTION 1245.106(b)(3). The principal use of the present invention is as a protective undergarment to be worn with the highly specialized space suits by a relatively few astronauts engaged in a space mission, and, in view of the lack of any requirement and/or program for use of protective garments of this type by members of the public-at-large, any finding of direct application thereof to the health or welfare of the public is negated.

SECTION 1245.106(b)(4). In the field of "protective garments," which is considered the field of science or technology pertaining to the invention, the record indicates that considerable experience has actually been gained outside of work funded by the United States Government, both by the British and by a number of United States companies, including the General Electric Company, the Garrett Corporation, Litton Industries, and the Northrop Corporation.

To further support a favorable ruling regarding the above finding, the Petitioner submits an exhibit listing a number of patents covering related inventions dating back to the 1800's, and points out that various companies have been issued licenses

under these patents, but that none have been issued to the United States. Petitioner's assumption that this indicates that the various programs involved relative to the aforementioned licenses were individuallyfunded or company-funded, and that, therefore, it cannot be said that there has been little significant private funding in the defined invention field, is believed to be well taken. Nor does the record record support a positive finding that the Government has been the principal developer of the field, even though, as indicated by the technical evaluator, the Government has optimized significantly over developments in the same field by the British. In this regard, the Petitioner indicates further substantial private development of its own in life support systems by listing an expenditure of its own funds of approximately $4,000,000 in this area.

In any event, even though information presently available may be considered inconclusive regarding the Government's role in the pertinent field, because of insufficient information as to its expenditures therein, it is not considered that acquisition of exclusive rights in the invention would confer on Petitioner a preferred or dominant position. In this respect, although the technical evaluator notes that, if broad claims were allowed in the patent application covering the instant invention, the Petitioner might acquire a preferred or dominant position, it is deemed highly unlikely that claims of such broad scope would be allowed, in view of the already considerable patent activity in the same or analogous areas, of which the present invention forms only a small part. Thus, it is improbable that others engaged in this same field would be dominated by Petitioner's acquisition of exclusive rights in the invention.

The Board further expressly finds that the contract meets the criteria of Section 1245.106(c)(1), (which is hereby expressly incorporated by reference), which Section encompasses the criteria of Section 1245.104(a), subsections (1) through (4), (which are also hereby expressly incorporated by reference). The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection.

SECTION 1245.104(a)(1). The present contract is specifically directed to the engineering, development, fabrication, and

testing of extra-vehicular space suit assemblies and associated life support systems for Project Apollo, with no intent to develop anything for use by the public.

SECTION 1245.104(a)(2). Since the instant contract has as its sole purpose the development of an improved space suit assembl and associated life support system for the protection of a relatively small numbe of astronauts on space missions, it is ot specifically concerned with the protect on of members of the public.

SECTION 1245.104(a)(3). Since the contract is considered to be in the field of science or technology of pressure suits and associated life support systems, and since the NA! A technical evaluator has indicated that several United States companies have gained significant experience in the defined field outside of work funded by the Government, a finding that there has been not little significant experience in the field outside of Government-funded work is considered to be clearly supported.

Although it can be said that the United States Government is the principal user of pressure suits and related environmental control systems, and, through its contractors, might be called the principal developer of the field, it is nevertheless apparent that acquisition of exclusive rights would not confer a preferred or dominant position on Petitioner, in view of the relatively small part that the thermal garment of the present invention represents, when compared with the total activity involved in the defined field of technology. In addition, any patent protection obtainable by the Petitioner on the present invention would appear not to place it in a preferred or dominant position, because of the previous and current activity in industry in the same or analogous fields, as is evidenced by the previously indicated activity of several United States companies in the field.

SECTION 1245.104(a)(4). The contract is neither concerned with, nor does it call for, the services of the Petitioner for the operation of any but its own facilities. Moreover, although Petitioner will use subcontractors, the primary responsibility remains with it to develop a space suit assembly, and not to coordinate and direct the work of others.

Moreover, the Board expressly finds, as required by Section 1245.106(c)(1), that waiver of title would be an effective incentive to bring the invention to the point of practical application at the earliest practicable date. While the invention appears, on initial examination, to be already fully developed, and, as stated by the technical evaluator, apparently requires little revision to be applied to other uses, because of its simplicity, it is considered that additional work is actually required before the invention may be placed on the commercial market for public use in new applications. The Petitioner further supports its contention in this regard by noting that a number of the invented garments have been manufactured by it and submitted to industry for evaluation. Petitioner visualizes potential commercial and/or industrial use of such garments for foundry workers, fire fighters, race drivers, and the like. However, at their present stage of development each garment costs approximately $600, indicating very limited marketability. Petitioner considers that the cost should be reduced to approximately $100 per garment

before a favorable market may be developed, and it further indicates that it would have a "real incentive to invest its own funds to make this suit available to the public at reasonable prices," should waiver be granted. The above clear indication of the need for considerable additional expenditures to ready the invention for the marketplace, plus Petitioner's substantial experience and know-how, followed by the above-mentioned industry evaluation thereof, clearly shows its increasing technical competence in the invention field, and its capability to further develop the invention, and supports a favorable finding regarding the effective incentive of the patent rights in the present case.

On the basis of all the above-enumerated findings, the Inventions and Contributions Board concludes that the interests of the United States would best be served by waiving title under Section 1245.106 of the NASA Patent Waiver Regulations of August 27, 1964, and therefore RECOMMENDS THE GRANT OF THE PETITION.