Burns are other companies doing a substantial commercial business in equipment for receiving and processing navigational signals. In view of the large number of companies doing commercial business in the field of signal processing systems, it can be readily observed that this one contractual effort would not put Texas Instruments, Inc. in a dominant or preferential position merely through acquiring exclusive rights in inventions made under the proposed contract.

SECTION 1245.104(a)(4). Since the proposed contract requires Petitioner to furnish all personnel and facilities to be used in the work done, it follows that the proposed contract is not for the services of Petitioner for (i) the operation of a Government-owned research or production facility, or (ii) coordinating and directing the work of others.

SECTION 1245.104(a)(5). The purpose of the proposed contract is to build upon existing knowledge in the field of signal processing systems, so that a system can be developed that will be suitable for use in a navigational system for locating and determining the position of balloons, vehicles, etc. In this manner, the Government will be provided with better navigational systems and components therefor, and will

enhance its knowledge relative to the space environment.

SECTION 1245.104(a)(6). Although the proposed contract is directed toward signal processing systems, coextensive with this field is that of signal recording equipment and computers. Petitioner's competence in this field is evidenced both by its patent position dating back to 1956 and by its expenditure of a large amount for independent research in this field. Moreover, Petitioner is a manufacturer of commercial equipment of this type. In addition, the various subassemblies of the signal processing system are composed of integrated circuits. In this area, the Petitioner is a major commercial supplier, doing well over a million dollars of business yearly. Petitioner's Exhibits 12 and 13 are particularly applicable as evidence of Petitioner's commercial products in the area of integrated circuits, and show its established nongovernmental commercial position in this area. Therefore, it is clear that the work called for by the proposed contract is in a field of technology (signal processing systems) in which Petitioner has acquired technical competence (demonstrated by patent position and product brochures) directly related to area (signal recorders, computers, and integrated circuits) in which the Petitioner has an established nongovernmental commercial position.

an

PETITIONER:

REQUEST FOR PROPOSAL: --DESCRIPTION:

PETITION GRANTED

STATEMENT OF FACTS: The Petitioner, TAFA Division of the Humphreys Corporation, is a proposed contractor of the National Aeronautics and Space Administration, under RFP C-287059. The petition was submitted to NASA prior to contract execution for consideration of waiver of title to all inventions that may be made under the above-identified RFP, and was considered by the Inventions and Contributions Board on June 30, 1966.

The Board, having duly considered the allegations and claims of the petition, expressly makes the findings required under Section 1245.104(a) of the NASA Patent Waiver Regulations (1966), (which Section, in its entirety, is hereby expressly incorporated by reference); concludes that (1) the Petitioner fully satisfies each of the criteria specifically enumerated by the indicated Section as a condition; that (2) the interests of the United States would best be served by waiving title under Section 1245.104 of the cited Regulations, and therefore RECOMMENDS THE GRANT OF THE PETITION. The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection of Section 1245.104(a).

SECTION 1245.104(a)(1). A principal purpose of the proposed contract is to demonstrate that hotter, larger-diameter hydrogen streams can be produced with existing equipment for use by NASA in basic research studies on radiation, heat transfer, and the like. More particularly, the proposed contract involves the production of superheated plasma streams with relatively

large diameters, using an induction plasma generator. Although the Petitioner intends to modify commercial plasma generators, DC power supplies, and RF power supplies, it is not a principal purpose of the proposed contract to create, develop, or improve products, processes, or methods that are intended for commercial use (or that are otherwise intended to be made available for use) by the general public at home or abroad, or which will be required for such use by governmental regulations.

SECTION 1245.104(a)(2). The proposed contract is related to the production of superheated plasma streams, and has no apparent relation to exploration into fields that directly concern the public health or public welfare.

SECTION 1245.104(a)(3). This RFP is in the field of technology of induction plasma systems. Petitioner asserts that since 1962 TAFA, Division of Humphreys Corp., has devoted full-time effort in this field and has expended more than $200,000 of its own funds in developing induction plasma apparatus for commercial use. It is stated also that before 1961 the technical people to be involved in the proposed contract work spent over $1 million in design and testing of equipment similar to that to be worked on under this RFP. Exhibits attached to the petition show that commercial plasma equipment has been available since 1957 and that annual industry sales in various categories, such as plasma and flame spraying, cutting and welding, R&D laboratories, and chemical synthesis total over $1 million. Such evidence clearly establishes that there

has been more than a little significant experience acquired in this field outside of work funded by the Government. In view of the previous efforts made in this field, and the wide variety of induction plasma equipment that is commercially available, and since this proposed contractual effort is relatively small when compared to the massive amounts expended in this field of technology, the acquisition of exclusive rights to inventions likely to result out of the proposed contract would not confer on the petitioner a preferred or dominant position.

SECTION 1245.104(a)(4). According to the proposal, the Petitioner intends to perform the work in its own plant in Concord, N.H. Thus, the proposed contract is not for the services of the proposed contractor for (i) the operation of a Government-owned research or production facility, or (ii) coordinating and directing the work of others. SECTION 1245.104(a)(5). In producing superheated plasma streams with relatively large diameters, the Petitioner intends to

modify certain already-existing equipment; it would therefore appear that the purpose of the proposed contract is to build upon existing knowledge or technology to develop information, products, processes, or methods, for use by the Government.

SECTION 1245.104(a)(6). The Petitioner has submitted certain exhibits to show an established nongovernmental commercial position in the induction plasma field. These exhibits include supporting data illustrating the Petitioner's know-how, experience, and patent position. It should be noted that the Petitioner produces several types of induction plasma units for commercial sale. A patent application has been filed by the Petitioner for an induction plasma device. It would thus appear that the work called for by the proposed contract is in a field of technology in which the Petitioner has acquired technical competence directly related to an area in which it has an established nongovernmental commercial position.

PETITIONER: CONTRACT:

Varian Associates

NAS 9-5425

Frequency Reference System

STATEMENT OF FACTS: The Petitioner, Varian Associates, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 9-5425. The petition was submitted to NASA within the time allowed by the Regulations for consideration of waiver of title to all inventions made or that may be made under the aboveidentified contract, and was considered by the Inventions and Contributions Board on July 19, 1966.

The Board, having duly considered the allegations and claims of the above-identified petition, expressly makes the findings under Section 1245.104(a) of the NASA Patent Waiver Regulations (1966), (which Section, in its entirety, is hereby expressly incorporated by reference), as required by Section 1245.105(b); concludes that (1) the Petitioner fully satisfies each of the criteria specifically enumerated by the indicated Section as a condition; that (2) the interests of the United States would best be served by waiving title under Section 1245.105 of the cited Regulations, and therefore RECOMMENDS THE GRANT OF THE PETITION. The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection of Section 1245.104(a) of the Regulations.

SECTION 1245.104(a)(1). The principal purpose of the contract is the design, development, and testing of a time and frequency reference system for spacecraft application. Although inventions arising out of this contract may have commercial

utility, such utility would be incidental to the prime purpose of the contract. The work to be performed is pursuant to a contractual effort to advance the space program, and inventions arising out of this effort are not likely to be required by governmental regulations for use by the general public.

SECTION 1245.104(a)(2). The time and frequency reference system to be developed under this contract is intended for use in space flight, and the work to be directed to this effort will not require exploration or research into fields that directly concern the public health or public welfare. SECTION 1245.104(a)(3). The contract is considered to be in the field of technology relating to "atomic frequency standards". Although the contractor considers the contract to be in the broader field of "frequency standards," contractor's definition of the field is believed to be too broad. The technology related to atomic frequency standards is relatively new, and appears to involve new materials and processes and scientific disciplines that are not common to any other electronic timing devices or other types of frequency standards. The technology involved in such other frequency standards as pendulums, tuning forks, and resonant electronic circuits, for example, is not considered to be directly related to the technology involved in atomic frequency standards.

Contractor has indicated that a basic patent relating to atomic frequency standards is covered by U.S. Patent No. 3,071,721, which