is a commercial patent owned by Varian. The device described therein is considered equally applicable to gas cells for frequency standards or for use as magnetometers. This patent, and two other related patents owned by the contractor, tend to indicate that there has been more than a little significant experience in the contract field outside of Government-funded work. However, irrespective of whether these patents are sufficient evidence to support this conclusion, the finding is made that even though the Government may have been the principal developer of the field, the acquisition of exclusive rights to inventions developed under the contract would not confer on the contractor a preferred or dominant position. According to the NASA technical monitor of the contract, inventions that might arise out of the contract are expected to be in the area of miniaturization and repackaging. Exclusive rights to such inventions would not confer on the contractor a preferred or dominant position in the field of atomic frequency standards, in view of their relatively minor technological significance. Furthermore, alternative types of atomic frequency standard devices, such as cesium beam tubes and hydrogen maser frequency standards are available.

SECTION 1245.104(a)(4). In the contract Statement of Work, the contractor is required to furnish the necessary personnel, facilities, equipment, and services, to perform the contract work. The contract does not require the contractor to operate a Government-owned research or production facility, or to coordinate and direct the work of others.

SECTION 1245.104(a)(5). The purpose of the contract is the design, development,

manufacture, and testing of a time and frequency reference system for use in a spacecraft. This system will be required to meet the weight, volume, power, reliability, and environmental requirements requirements of manned spacecraft. Extensive consideration will be given to the needs of the spacecraft, its functions, and operation, in determining the ultimate practical design with respect to accuracy and stability. The initial design goal is a stability of two parts in 1011, which exceeds the accuracy of present systems limited to two parts in 106. To meet these requirements, the contract requires building upon existing knowledge and technology. SECTION 1245.104(a)(6). Contractor is a generally acknowledged leader in the field of atomic frequency standards, and its technical competence is considered to be adequately demonstrated by the patents that it holds in this field, copies of which were submitted with its technical proposal. Also indicative of its familiarity and competence in the field are the numerous sales brochures and technical bulletins relating to its products, and the fact that contractor has other research contracts in this area.

The sales brochures and technical bulletins that contractor has presented also indicate substantial commercial uses for these devices in such areas as spectroscopy and geophysical research and exploration, and support contractor's allegation that it has an established nongovernmental commercial position in this area. Contractor claims that it has made both domestic and foreign sales of gas-cell frequency standard devices, and its allegations that a substantial amount of total sales income derived from these instruments was received from nongovernmental sources indicate that it has an established nongovernmental commercial position in the field.

PETITIONER: Melpar, Inc.
CONTRACT:
INVENTION:

NAS 9-3924

CdSe-ZnSe Thin-Film Rectifier

GRANTED

Effective

STATEMENT OF FACTS: The Petitioner, Melpar, Inc., is a contractor of the National Aeronautics and Space Administration, under Contract NAS 9-3924. The petition was made for waiver of title in an invention entitled "CdSe-ZnSe Thin-Film Rectifier," described in an attachment to the petition. The invention was made by William A. Gutierrez and Herbert L. Wilson, employees 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 August 29, 1966.

The Board, having duly considered the allegations and claims of the aboveidentified petition, expressly makes the findings required under Section 1245.106(b) of the NASA Patent Waiver Regulations (1966), (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). The invention relates to an improved thin-film semiconductor rectifier and a method of making the same. The rectifier is intended for incorporation into a communications and telemetry system for extravehicular astronauts using a spacecraft as a relay, or between a spacecraft and an extravehicular astronaut. Since it is intended for use by astronauts in space, it is apparent that the

invention does not relate to any Government programs for developing products or methods for use by the general public.

SECTION 1245.106(b)(2). Since the invention is intended for use in a communications and telemetry system for astronauts in space outside a spacecraft, it appears obvious that it will not be required by governmental regulation for use by the general public.

SECTION 1245.106(b)(3). The invention relates to an electronic rectifier device which is potentially useful in many electronic applications. Although some of these products may find use in medical facilities, the invention has no direct relation to the public health or public welfare.

SECTION 1245.106(b)(4). This invention is in the field of thin-film electronic devices, and is directed to an improved thin-film semiconductor rectifier and a method of fabricating the same. Petitioner alleges that it has been engaged in thin-film circuit and device research and development since 1959, and that in addition to Government funding for various specific programs or objectives, the company has expended approximately $500,000 of its own funds in the course of such work. Petitioner also submits a company product list of items brought to the manufacturing stage from its R&D programs. Among the items listed are a thin-film capacitor, thin-film diode, thinfilm field effect transistor, thin-film resistor, thin-film rectifier, and a thinfilm triode. An intention by Petitioner to integrate the present invention into its commercial product line is evidenced by its application for a U.S. patent filed

May 26, 1966, and bearing Serial No. 553,187.

Statements of the NASA technical evaluator tend to support the claims of Petitioner regarding private experience in the invention field. He explained, for example, that thin-film circuitry is used extensively in the aircraft industry; by companies manufacturing computers and business machines, such as IBM and Sperry Rand; and by others in the semiconductor business, such as Lear Siegler and Texas Instruments. The existence of strong competition in the field is self-evident. The evaluator further explains that the Government has undoubtedly been a heavy contributor to research in and development of the field of thin-film technology, but that there is also little doubt that private industry has acquired more than just a little significant experience outside of Government-funded work.

The Board further expressly finds, as required by Section 1245.106(c), that in view of the Petitioner's plans and intentions, waiver of title would be an effective incentive to bring the invention to the point of practical application at the earliest practicable date. In this regard, the Petitioner states that:

Melpar plans to actively pursue a program of applied research and development to optimize the process and materials for use in thin-film rectifiers and undertake programs to integrate the deposition of this thin-film device with the deposition of other materials required for capacitors, conductors, etc., in thin-film circuits. If a process can be developed to produce thin-film rectifiers on an economically reproducible basis and this process can be integrated into the other thin-film device processes, Melpar plans to conduct further studies to find and explore applications for the thin-film rectifiers on a broad basis.

Melpar intends to make this invention available to Government and industry either as a standard device or as a custom manufactured item. The exact marketing technique to be used will depend upon the applications developed for

the device. If the technical nature of the final application for the rectifier indicates that the rectifier must be made available on a custom basis, as an element of a more complex device, Melpar will make the process available to the market by licensing other companies manufacturing the more complex device in which the rectifier would be an element.

Melpar has been actively pursuing programs in the thin-film field and is now beginning to make the results of these programs available to the Government and industry. The development of a capability and of products in the thin-film circuit area is a part of a long range corporate plan. The thin-film rectifier is a logical part of this plan for future development and exploitation. The Melpar Patent Committee acting for the Corporate Management authorized this request for waiver of title because this device does coincide with the corporate plans for future progress.

This authorization was given in spite of the risks involved in undertaking the applied R&D programs necessary to produce a return on any investment in this invention.

The incentive for running these risks of course is the granting of the request for waiver of title to the invention. All of the plans discussed above are contingent upon favorable action on this request for waiver. Without the protection afforded by this waiver, we do not feel justified in incurring the risks involved in devoting corporate funds and talents to these programs. Regretfully we must inform you that we will not conduct these planned programs if this request for waiver is not granted.

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 June 1, 1966, and therefore RECOMMENDS THE GRANT OF THE PETITION.

PETITIONER:
REQUEST FOR PROPOSAL: EX 6-1008-AM
--DESCRIPTION:

STATEMENT OF FACTS: The Petitioner, Radio Corporation of America (RCA), is a proposed Subcontractor of the National Aeronautics and Space Space Administration, under RFP EX 6-1008-AM, which is a potential subcontract under Prime Contract NAS 7-100. The petition was submitted to NASA prior to execution of the subcontract for consideration of waiver of title to all inventions that may be made under the above-identified proposed subcontract, and was considered by the Inventions and Contributions Board on July 12, 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 subcontract is to develop a memory system in which detection of first failure or temporary malfunction of any individual logical element in the peripheral electronics is guaranteed, and the faulty logical element automatically replaced by a spare element. The

memory system includes the following seven major subsections, all of which are quite common, as attested to by the cognizant engineer: (a) Address Register, (b) Address Decoder, (c) Word Driver, (d) Memory Array, (e) Sense Electronics, (f) Data Register, and (g) Sequence Generator. Additionally, the present system calls for a particular type of magnetic core, which has previously been developed by Petitioner for commercial use.

According to the cognizant engineer, the memory system to be developed under the proposed subcontract may have commercial utility in the telephone and other industries; however, such utility is only incidental to the work to be performed under the proposed subcontract. It is unlikely that inventions arising out of the proposed subcontract would be required for public use by governmental regulations, since the work to be performed does not concern the public health, safety, or security.

SECTION 1245.104(a)(2). As related, a principal purpose of the proposed subcontract is to develop a memory system having the requirements and the components identified in the preceding subsection. The work to be done in developing the memory system will not require exploration into fields that directly concern the public health or public welfare.

SECTION 1245.104(a)(3). The proposed subcontract is in the field of technology having to do specifically with memory systems. As previously related, each of the seven components comprising the Memory System has been well developed by Petitioner and other industry organizations prior to the present time, and little if any research

and development needs to be performed on the individual components to render them operational. The general, as well as the specific, field of technology has been developed almost entirely by private industry, and the contribution of Government funding is small in comparison to the contributions made by the Petitioner and others in private industry in developing the seven components of the Memory Systems.

The work to be performed under the proposed subcontract requires exploration of only a small part of the field of technology that is already highly developed by private industry, so that the acquisition of exclusive rights to inventions likely to arise out of the proposed subcontract could not reasonably be expected to confer on the Petitioner a preferred or dominant position. In support of this last comment, reference is made to NASA Technology Survey NASA SP-5038, entitled "Magnetic Tape Recording," wherein a considerable number of individuals, corporations, and other organizations are shown to have contributed to the development of the art.

SECTION 1245.104(a)(4). All work to be done by the Petitioner will be performed at its own facilities, and with its own employees. The proposed subcontract, therefore, is not for the services of the Petitioner for (i) the operation of a Government-owned research and produc

tion facility, or (ii) coordinating and directing the work of others.

SECTION 1245.104(a)(5). The purpose of the proposed subcontract is to improve upon Memory Systems for governmental applications.

SECTION 1245.104(a)(6). For an extended period of time Petitioner has been actively engaged in the R&D of Memory Systems and components thereof, as is evidenced by the several exhibits. It has had many years of experience in developing components of the Memory System, and it holds several patents relating to Memory Systems (see Exhibit A). For years it has been engaged in the manufacture and sale of Memory Systems and components of Memory Systems, and is a leading supplier of these components, which are used extensively well as throughout industry, in the Government. For instance, Petitioner expends $100 million a year in the electronics data processing field.

In view of the foregoing, it is clear that the work called for by the proposed subcontract is in a field of technology, Memory Systems, in which Petitioner has acquired technical competence (demonstrated by factors such as know-how, experience, and patent position) directly related to computers, in which Petitioner has an established nongovernmental commercial position.