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Section 1245.106, NASA Patent Waiver Regulations (1964)--Competitive Nature of Field-Possibility of Preferred or Dominant Position--Patent Position--Waiver as Effective Incentive--Active Cadmium/Cadmium Oxide Electrode with Improved Gas Recombination-Silver-Cadmium Electrochemical Cell--PETITION GRANTED

FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD:

STATEMENT OF FACTS: The Petitioner, Yardney Electric Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 5-3452. The petition was made for waiver of title of the United States in an invention entitled "Active Cadmium/Cadmium Oxide Electrode with Improved Gas Recombination," described in an attachment to the petition. The invention was made by Mr. Frank Solomon, 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 March 30, 1965.

The Board, having duly considered the allegations and claims of the 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). The invention relates to improvements in silver-cadmium cells, for use as a secondary power source in spacecraft.

SECTION 1245.106(b)(2). The invention relates to improvements in silver-cadmium

cells for use in spacecraft. No Government regulations have been promulgated, nor is it likely that any will be promulgated, requiring use of the invention by the general public.

SECTION 1245.106(b)(3). The invention relates to improvements in silver-cadmium cells, for use as a secondary power source in spacecraft.

SECTION 1245.106(b)(4). The invention is in the field of technology of silver-cadmium electrochemical cells. The Petitioner and five other companies are actively engaged in research and development in this field. Silver-cadmium, silver-zinc, and related electrochemical couples have been known for a number of years, and have been developed primarily through the use of private funds by the Petitioner and others, both in this country and abroad. Competition is vigorous among companies engaged in the manufacture and sale of electrochemical cells. A large number of patents in the field and related fields of technology have been issued by the United States Patent Office over the past seven years.

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). A principal purpose of the contract is to conduct a research study of the silver-cadmium couple for space applications. Inventions that arise out of the contract are not likely to be required for use by the general public by governmental regulations.

SECTION 1245.104(a)(2). A principal purpose of the contract is to conduct a research study of the silver-cadmium couple. The contractor's main effort is to be applied to understanding the reactions of the silver oxide and the cadmium electrode, and does not require exploration into fields that directly concern public health or public welfare.

SECTION 1245.104(a)(3). The field of technology involved in this contract is silvercadmium electrochemical cells. The Petitioner and five other companies are actively engaged in research and development in this field. Silver-cadmium, silverzinc, and related electrochemical couples have been known for a number of years, and have been developed primarily through the use of private funds by the Petitioner and others, both in this country and abroad. Competition is vigorous among companies engaged in the manufacture and sale of products in this field. A large number of patents relating to electrochemical cells.

have been issued by the United States Patent Office over the past seven years.

SECTION 1245.104(a)(4). The contractor is required to furnish the necessary labor, materials, and equipment in the course of research on the silver-cadmium couple.

Moreover, the Board expressly finds, as required by Section 1245.106(c)(1), that in view of the contractor's allegation that the improved silver-cadmium electrode invented under the contract requires further development before it can be suitable for industrial and commercial use, waiver of title would be an effective incentive to continue such development and to bring the invention to the point of practical application at the earliest practicable date. The contractor is primarily engaged in the design, development, manufacture, and sale of alkaline storage batteries, and has acquired the know-how, experience, and capability for further developing and commercially exploiting the invention.

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 title under Section 1245.106 of the NASA Patent Waiver Regulations of August 27, 1964, and therefore RECOMMENDS THE GRANT OF THE PETITION.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

PETITIONER: Electro-Optical Systems, Inc.

CONTRACT: NAS 3-3568
INVENTION:

Annular Magnetic Hall Accelerator

Section 1245.106, NASA Patent Waiver Regulations (1964)--Relationship of Invention to Public Health or Welfare--Scope of Field of Technology--Government Funding v. Private Funding--Possibility of Preference or Dominance--Patent Position in Field--Waiver of Title as Effective Incentive-- Particle Accelerators--Annular Magnetic Hall Accelerator-PETITION GRANTED

FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD:

STATEMENT OF FACTS: The Petitioner, Electro-Optical Systems, Inc., is a contractor of the National Aeronautics and Space Administration, under Contract NAS 3-3568. The petition was made for waiver of title of the United States in an invention entitled "Annular Magnetic Hall Accelerator," described in an attachment to the petition. The invention was made by Gordon L. Cann, 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 February 25, 1966.

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). The invention relates generally to a particle accelerator utilizing induced Hall currents, and more particularly to a plasma accelerator wherein Hall currents are used to accelerate the plasma and the discharge is controlled, having specific magnetic field lines divergently cross the current density lines of an electrical discharge. The invention was made in the performance of work relating

to the development of a Hall current accelerator of annular geometry for application by NASA in the space program, and is not directly related to a governmental program for the development of products for use by the general public.

SECTION 1245.106(b)(2). The invention is a highly specialized particle accelerator that appears to have utility as a vacuum pump or wind-tunnel pump. Because of the highly specialized nature of the invention, it will not be required by governmental regulations for use by the general public.

SECTION 1245.106(b)(3). The invention, a particle accelerator utilizing Hall currents, may be used as a vacuum pump or windtunnel pump; however, such use does not have a direct or significant bearing on the public health or public welfare.

SECTION 1245.106(b)(4). The invention is in a field of technology pertaining to particle accelerators. Although a specific use of the invention appears to be as an improved vacuum pump or wind-tunnel pump, the technology explored in developing the invention involves the acceleration of particles to high velocities and more particularly plasma accelerators utilizing Hall currents to achieve extremely high gas velocities. Therefore, the field of pumps generally, as indicated by the Petitioner, is believed to encompass too broad an area of technology and does not properly identify the pertinent technology involved in the making of the invention. Because of the strong emphasis placed on space program efforts and on basic research in general, it is apparent that the Government has funded considerable work in this field of accelerator technology.

However, there is abundant evidence that both universities and private industry have acquired considerable privatelyfunded experience in the development of particle accelerators. In this regard, the Board is cognizant of a prior petition for waiver by Ion Physics Corp. in which there appears a statement that over a twenty-year period, and at its own expense, Ion Physics Corp. has developed and manufactured more than 450 high-energy beam accelerator systems and components therefor. Moreover, particle accelerators have been under development since the 1930's, and include the Van De Graaf accelerator, the cyclotron, betatron, syncho-cyclotron, synchrotron, linear accelerator, benatron, and cosmotron. In view of the work already done in this field of technology and, further, since the invention, an annular magnetic Hall accelerator, involves only a small segment of the field of particle accelerators, the acquisition of exclusive rights to the invention would not confer on the contractor a preferred or dominant position.

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). A principal purpose of the contract is to carry out analytic studies to determine the influence of viscous forces and heat conduction to the walls on the performance capability of a Hall current accelerator of annular geometry. The work to be performed under the contract is related to the space program, and is not for the development of products for use by the general public. A Hall current accelerator, such as the one under investigation, is a highly specialized item used primarily for experimental work and research; accordingly, it will not be required by governmental regulations for use by the general public.

SECTION 1245.104(a)(2). The development of a Hall current accelerator of annular geometry does not result in a product whose use has a direct or significant impact on the public health or public welfare.

SECTION 1245.104(a)(3). The contract is in the field of technology pertaining to particle accelerators. Because of the strong emphasis placed on space program efforts and on basic research in general, it is apparent that the Government has funded considerable work in this field of technology. However, there is abundant evidence that both universities and private industry have acquired considerable privately-funded experience in the development of particle accelerators. In this regard, the Board is cognizant of a prior petition for waiver by Ion Physics Corp. in which there appears a statement that over a twenty-year period, and at its own expense, Ion Physics Corp. has developed and manufactured more than 450 high-energy beam accelerator systems and components therefor.

Moreover, particle accelerators have been developing since the 1930's and include the Van De Graaf accelerator, cyclotron, betatron, syncho cyclotron, synchrotron, linear accelerator, benatron, and the cosmotron. In view of the vast amount of work already done in this field of technology prior to the time of contracting, the acquisition of exclusive rights at the time of contracting would not confer on the contractor a preferred or dominant position.

SECTION 1245.104(a)(4). The contractor is required to furnish the necessary personnel, material, services, and facilities, and otherwise to do all things necessary for or incidental to the performance of work under the contract. The contract does not contain provisions for the services of the contractor in directing or coordinating 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. The Petitioner states that Electro-Optical Systems, Inc. has been conducting extensive research with its own funds in the area of technology of plasma devices, and has demonstrated its interest in the invention by the filing of a patent application on the invention. Moreover, it is alleged that some measure of exclusivity is needed in order to afford an incentive to compensate for the necessary investment of time, money, and effort to develop the invention for commercial application. In

addition, the Petitioner asserts that waiver of title is considered necessary to call forth private risk capital and expense to bring the invention to the point of practical application, since the invention represents an entirely new approach to a vacuum pump, and thus requires extensive research and development.

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.

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