Westinghouse, Libras cope, Texas Instruments, Motorola, and others. Also, information provided by the cognizant engineeer and contract negotiator indicates that although the Government has contributed to the development of these circuits, the greater contribution has been supported by the various organizations identified above. Because of the well-developed state of the art and the competitive nature of the field, acquisition of exclusive rights to inventions that might be made under the proposed contract will not confer a preferred position on Petitioner. SECTION 1245.104(a)(4). The work to be done by Petitioner is to be performed at its own facilities, using its own personnel. Thus, the proposed contract is not for the services of the Petitioner for the operation of a Government-owned research and production facility, or for coordinating and directing the work of others. SECTION 1245.104(a)(5). The proposed contract is for the development of a DAS and BCE, which include the aforementioned subsystems. The DAS is to be employed with MARINER 69. Thus, it may be concluded that the purpose of the 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). Petitioner alleges that it has established technical competence in the field of Data Automation Subsystems, Bench Check-Out Equipment, and computer technology in general. In support of this allegation, petitioner states that it has 12 important patents and several pending patent applications in the U.S. Patent Office. The cognizant engineer and the contract negotiator also confirm that the petitioner has technical competency in the field. In support of its commercial position, the Petitioner has submitted sales brochures that identify its product line and support the allegation that it has for many years manufactured and sold computer equipment and subsystems. The contract negotiator and the cognizant engineer both indicate that Petitioner has an active commercial operation and desires to increase commercial sales. It may therefore be concluded that the work called for by the proposed contract is in a field of technology in which the Petitioner has acquired technical competence (demonstrated by factors such as know-how, experience, and patent position) directly related to an area in which Petitioner has an established nongovernmental commercial position. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Texas Instruments, Inc. PETITIONER: Research, Develop, Fabricate, and Test a Data Compression Section 1245.104, NASA Patent Waiver Regulations (1966)--Competition in Field-Government Funding v. Private Funding--Possibility of Preferred or Dominant Position--Advance Over Existing Knowledge or Technology--Technical Competence of Petitioner--Patent Position in Field--Established Nongovernmental Commercial Position--Computers--Research, Develop, Fabricate, and Test a Data Compression System-PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Texas Instruments, Inc., is a prospective contractor of the National Aeronautics and Space Administration, under RFP No. DC 440398. 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 proposed contract, and was considered by the Inventions and Contributions Board on November 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) of the Regulations. SECTION 1245.104(a)(1). The intent of the proposed contract is to design, fabricate, and test a computer type Data Compression System (DCS) in the nature of an operating experimental data acquisition system employing a zero-order data compression processor, wherein the system input media shall include digital magnetic tape, with the optional feature of also utilizing a digital simulator or an analog commutator with an analog-to-digital converter. It is therefore apparent that the purpose of the proposed contract is not to create, develop, or improve products, processes, or methods for commercial use by the general public. There in no known or anticipated governmental regulation which will require the use of the system by the general public. SECTION 1245.104(a)(2). The intent of the proposed contract is to design, fabricate, and test a computer type DCS that will employ the aforementioned identified components. Thus, it may be concluded that the instrumentation is not directly concerned with the health or welfare of the public. SECTION 1245.104(a)(3). The field of science or technology of the proposed contract is computers. This field is a highly competitive one, wherein both large and small organizations compete; well-known organizations, such as IBM, RCA, Sperry Rand, G.E., and Motorola, are quite active in the field, as well as lesser-known organizations, such as Radiation, Borg Warner, and Astrodata. It is the opinion of the cognizant engineer, as well as of the contract negotiator, that the field has been developed primarily without Government funding. Also, it is the opinion of the cognizant engineer that Petitioner is provided with little latitude to invent, since a portion of the system will be supplied by Caltech/JPL, and some specifications of the contract are so rigid as to significantly restrict inventing. For these reasons it is clear that the proposed contract is not in a field of technology that has been principally developed by the Government and that exclusive rights to any inventions made under the proposed contract will not place the petitioner in a preferred or dominant position. SECTION 1245.104(a)(4). The work is to be performed at Petitioner's privately-owned facilities, and substantially all the personnel assigned to the program will be furnished by Petitioner. It therefore follows that the proposed contract is not for the services of Petitioner for operating a Government-owned research or production facility, or coordinating and directing the work of others. SECTION 1245.104(a)(5). The purpose of the proposed contract is to design, fabricate, and test a DCS, wherein such components as digital magnetic tape, digital simulators, analog commutators, and analog-to-digital converters may be used. Other major and minor components will also be used. Since the present state of knowledge in this field of technology is relatively advanced, any information, products, processes, or methods developed under the proposed contract will in all probability be built upon existing knowledge for use by the government. SECTION 1245.104(a)(6). The Petitioner alleges that for several years it has been actively engaged in the research, development, manufacture, and sale of computers, as well as computer components. As a result of this activity, considerable technical knowledge and competence have been acquired, as is demonstrated by factors such as know-how, experience, and patent position. In support of this allegation, Petitioner states that it has acquired over 200 patents, dating back to 1950. Furthermore, attached to the petition is a list of patents that directly and indirectly apply to the field of technology under consideration; and identified in the petition is a list of patents that apply to integrated circuits, the type of circuitry that will be employed in the DCS. The Petitioner has also submitted several sales brochures, which identify its product lines, and which support the allegation that it has for many years manufactured and sold commercially computer equipment and major and minor components thereof. It is therefore clear that the work called for by the proposed contract is in a field of technology directly related to an area in which Petitioner has an established nongovernmental commercial position. 0 1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: McDonnell Aircraft Corporation. Automatic Power Shut-Off Brazed Fluid System Union Removal Tool Section 1245.106, NASA Patent Waiver Regulations (1966)--Incidental Commercial Utility-Possibility of Government Requirement for Public Use--Government Funding v. Private Funding--Government as Principal Developer of Field-- Patent Position in Field-- Possibility of Preference or Dominance--Waiver as Effective Incentive--Automatic Power Shut-Off Brazed Fluid System Union Removal Tool--PETITION GRANTED manufacture of the Gemini capsule and its related equipment, has, according to the Petitioner, substantial promise of commercial utility, in that it can be used to remove brazed unions from almost any type of fluid lines, e.g., fuel lines, air lines, refrigeration lines, etc. While the invention has a wide variety of commercial applications, it is not directly related to a governmental program for creating, developing, or improving products, processes, methods for use by the general public. FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, McDonnell Aircraft Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 9-170. The petition was made for waiver of title of the United States in an invention entitled "Automatic Power Shut-Off Brazed Fluid System Union Removal Tool," described in an attachment to the petition. The invention was made by Kermit Wilkison, Charles Headley, Victor Padilla, and Jerry Trolinger, 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 July 19, 1966 and December 7, 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 (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, a tool for removing stub unions that have been brazed on fluid lines, is an improvement over a similar prior-art device, in that the present tool has a switching means that automatically shuts off heat once the union is removed. This tool, which was developed to perform a specific repair operation in the or SECTION 1245.106(b)(2). The invention may be useful to a segment of the public that is concerned with improving the characteristics of a brazed connection; however, there are no known governmental regulations that require the use of specific repair tools in commercial operations. Accordingly, use of the invention by the general public is not likely to be required by governmental regulations. SECTION 1245.106(b)(3). The invention relates to a tool that is used to remove stub unions that are brazed on fluid lines; in no way is this tool directly related to the public health or public welfare. SECTION 1245.106(b)(4). The invention is in the field of technology of brazed union removal tools. Government expenditures have contributed significantly to the development of such tools, because of their need in aerospace fabrication; this is evidenced by Government funding of the subject invention and by a Government-held royalty-free license on a patent covering a similar device. The Petitioner, however, holds property rights to a stub union removal patent of which there is no record of a Government license. A study of the pertinent art in the U.S. Patent Office shows that there are several patented devices for brazed union removal that were developed by and are owned individually by General Electric and Combustion Engineering, Inc. Discussions held with cognizant patent examiners made it clear that there is a large body of prior-art tools, utilizing techniques such as induction heating for the brazing operation, that could be used also for debrazing, and thus for disengaging brazed coupled members. It is therefore found that the invention is not in a field of technology in which there has been little significant experience outside of work funded by the Government, or where the Government has been the principal developer of the field, with respect to which the acquisition of exclusive rights might confer on the contractor a preferred or dominant position. 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 prac ticable date. The Petitioner requests waiver of title for the purpose of domestic and foreign commercial utilization. The invention, which is currently being used in the Petitioner's manufacturing and repair operation, has produced, according to the Petitioner, marked savings in time and expense over previously used tools and methods, and the Petitioner has therefore determined that there is widespread promise of commercial utility for the invention. To this end, however, exploitation of the device would require risk capital for advertising, developing new markets, and actually getting the device before the public, and waiver of title would provide the incentive needed to compensate for the time, money, and effort required. |