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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

PETITIONER: Westinghouse Electric Corporation

NAS 3-2542

CONTRACT:
INVENTION: Tantalum-Base Alloys

Section 1245.106, NASA Patent Waiver Regulations (1966)--Incidental Commercial Utility-Relationship to Public Health or Welfare --Government Funding v. Private Funding-Government as Principal Developer--Competition in Field-- Possibility of Preference or Dominance--Waiver as Effective Incentive--High-Temperature Alloys and Refractory Metals--Tantalum-Base Alloys -- PETITION GRANTED

the Governmental space program, as, for example, in the rotating turbine components of space power-generation systems; accordingly, the inventive alloy is considered unrelated to any Governmental program calculated to create, develop, or improve products, processes, or methods for use by the general public.

FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS. The Petitioner, Westinghouse Electric Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 3-2542. The petition was made for waiver of title of the United States in an invention entitled "Tantalum - Base Alloys," described in an attachment to the petition. The invention was made by Raymond W. Buckman, Jr., an employee of the Petitioner, in the performance of work required under the aboveidentified 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 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 relates to an improved tantalum-base alloy characterized both by high tensile strength and resistance to creep deformation at elevated temperatures even during extended periods of operation, and under high-vacuum environments. Therefore, although potential commercial exploitation might be visualized for the invention, since it is susceptible to cold-rolling from room temperatures to about 500° F. into sheet, plate, bar, rod, or wire forms, its principal application is with

SECTION 1245.106(b)(2). Although the improved tantalum-base alloy of the invention appears to exhibit some commercial promise, for example, in cold-rolling techniques, its special adaptation and principal intended use in the high-temperature, high-vacuum environment of the Governmental space power-generation system makes any requirement by the Government for its use by members of the public unforeseeable. SECTION 1245.106(b)(3). The development of an improved alloy material, mainly for application to Governmental space powergeneration systems for the purpose of maintaining high tensile strength at elevated temperatures and resistance to creep deformation even under high-vacuum conditions and for extended periods of operation, while perhaps incidentally involving the welfare, safety, or health of a restricted group of astronauts and other space-crew members, is considered clearly to be of no direct concern or direct relation to the health or welfare of the general public.

SECTION 1245.106(b)(4). The field of science or technology of the invention is hightemperature alloys and refractory metals. Significant experience in the invention field outside of work funded by the Government is considered to have been shown by the Petitioner's indication of a list of patents on representative examples of inventions made by its employees in the defined field; an expenditure of well over $5 million on R&D

Waiver No. W-408

work, begun prior to 1930, on the art of high-temperature alloys and refractory metals; its maintenance of a facility with an investment of in excess of $750,000 in equipment for the commercial production of such materials; sales in 1964 of in excess of $2 million of high-temperature alloys and refractory metals; and, in particular, an expenditure of over $100,000 of its own funds in advancing the development of a specific hafnium-tungsten-tantalum alloy initially developed under a prior Government contract. Although not specifically identifying any of the companies involved, the Petitioner notes, and it is considered well-recognized, that the field of high-temperature alloys and/or refractory metals is highly developed, widely known, and practiced by numerous companies; moreover, the considerable competition suggested thereby would appear to negate any finding that the Government has been the principal developer of the field, or that acquisition of exclusive rights in the invention would place the Petitioner in a preferred or dominant position.

The Board further expressly finds, as required by Section 1245.106(c), 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 indicates current activity directed toward bringing about practical application of this invention; for example, it notes its installation of a vertical tube annealer, at an expense of approximately $30,000, for

treatment of tantalum-base alloys, and the design of a tube reducer, with an estimated development cost of approximately $25,000, both of which are particularly applicable to the tantalum-base alloys of the present invention. Moreover, the Petitioner indicates a further intent to exploit the invention commercially by its readiness to quote prices and to receive and fill orders for tantalum-base alloys of the invention type, and in support thereof submits an exhibit of a purchase order and a request for quotation from two of its customers. Furthermore, the Petitioner indicates that it is presently making a marketing study involving the desirability of producing developmental quantities for sale to the trade of the tantalum-base alloys of the present invention; that it is preparing a data sheet of the characteristics of the present tantalum-base alloys; and that it has initiated a trademark search of the proposed mark to be applied to the present type of tantalum-base alloys, at its own expense. Finally, the Petitioner has expressed a definite doubt that the active program indicated above can be sustained in the absence of a waiver of title to the invention.

On the basis of all the above-enumerated findings, the Inventions and Contributions Board concludes that the interest 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.

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

PETITIONER: North American Aviation, Inc.

CONTRACT:
INVENTION:

NAS 8-5356

Stable Superconducting Magnet

ducting magnet may find utility wherever powerful magnetic fields are required, e.g., in lasers, masers, accelerators, and bubble chambers, it is not directly related to a Governmental program for creating, developing, or improving products, processes, or methods for use by the general public.

Section 1245.106, NASA Patent Waiver Regulations (1966)--Incidental Commercial Utility--Government Funding v. Private Funding--Government as Principal Developer of Field--Competition in Field-- Possibility of Preference or Dominance--Waiver as Effective Incentive--Superconductivity--Stable Superconducting Magnet--PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, North American Aviation, Inc., is a contractor of the National Aeronautics and Space Administration, under Contract NAS 8-5356. The petition was made for waiver of title of the United States in an invention entitled "Stable Superconducting Magnet," described in an attachment to the petition. The invention was made by Roger W. Boom, an employee of the Petitioner, in the performance of work required under the aboveidentified 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 November 3, 1966.

The Board, having duly considerd 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 relates to a stable superconducting electromagnet having windings constructed of a superconducting material. It is vital to the space program to determine the feasibility of employing very large superconducting magnets in space vehicles, to produce large and intense magnetic fields for repelling charged particles encountered by a space vehicle during flight in space. The invention, accordingly, was developed under a NASAsponsored program to extend the basic understanding of superconducting magnet operation. While the improved supercon

SECTION 1245.106(b)(2). The invention, a superconducting magnet, is not a product that will be required by Governmental regulations for use by the general public. There are no known Governmental regulations that require use of related or similar equipment. SECTION 1245.106(b)(3). A superconducting magnet that is capable of producing a very powerful magnetic field is not a product whose use has a direct or immediate impact on the public health or public welfare.

SECTION 1245.106(b)(4). The invention is in the field of technology relating to the phenomenon of superconductivity, and more particularly, superconducting magnets. Evidence of the Petitioner's commercial activities in this area of technology is provided by Exhibit A attached to the waiver petition. Exhibit A consists of purchase orders wherein the Petitioner supplied the University of California with superconducting magnets for research purposes. The Petitioner states that its expenditures in private research in this area of technology have been in excess of $1.5 million, which is considerably more than the amount expended in research for the Government under the subject contract ($138,088). In addition to North American's privately-funded efforts in this area, the Petitioner states that others in private industry, such as Bell Telephone Laboratories, Westinghouse, Sperry Rand, Avco, IBM, and RCA, have exerted considerable effort in the development of this technology, and that the Government is not

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the principal developer of the field. It is found, therefore, 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, and the acquisition of exclusive rights would not confer on the Petitioner 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 practicable date. Petitioner asserts that further design development is required, in order to apply the invention to existing and anticipated design requirements; accordingly, its plans are to develop specific designs of stable superconducting magnets utilizing the principles of the invention, as well as to provide a custom design and manufacturing service to meet specific superconductivity requirements. Petitioner indicates further that it intends to practice the invention itself, to the extent of providing superconducting magnets for sale, and may also pro

vide custom design and manufacturing services to others for specific high-energy requirements. To the extent that it does not practice the invention, the Petitioner states that it may license others to do so. To this end, the invention would be coordinated with North American's established licensing program administered by its marketing subsidiary, NAVAN, Inc. Petitioner asserts that waiver of title to the invention would enable North American to coordinate its present marketing program of superconducting wire with further exploitation of the invention, and that ownership of property rights therein would enable it to offer an additional line of stable superconducting magnets, supplementing the design utilizing the superconducting wire that Petitioner now offers through its marketing program.

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.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

PETITIONER: TRW Systems

CONTRACT:

NAS 5-899

INVENTION: Charging Method and Apparatus for Nickel-Cadmium Cells

Section 1245.106, NASA Patent Waiver Regulations (1966)-- Possibility of Government Requirement for Public Use--Government Funding v. Private Funding-- Possibility of Preference or Dominance--Waiver as Effective Incentive--Energy Conversion Systems-Charging Method and Apparatus for Nickel-Cadmium Cells-- PETITION DENIED

currents, it was not used. The art of battery-charging is not programmed by the Government for either commercial or industrial use; accordingly, the invention is not directly related to a governmental program for creating, developing, or improving products, processes, or methods for use by the general public.

FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, TRW Systems, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 5-899. The petition was made for waiver of title of the United States in an invention entitled "Charging Method and Apparatus for Nickel-Cadmium Cells," described in an attachment to the petition. The invention was made by Paul Bauer, 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 December 7, 1966.

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 relates to a charging technique and apparatus for automatically charging a sealed nickelcadmium battery by replacing the energy as rapidly as possible without possible damage to the battery because of overcharge at high rates without excessive pressure buildup. This apparatus was intended primarily for use on the Orbiting Geophysical Satellite (OGS); however, because of the complexity of its instrumentation necessary to monitor the charging

SECTION 1245.106(b)(2). Battery-charging techniques and apparatus therefor are not of a class of products or processes that are or will be required by governmental regulations for use by the general public. The invention, a specific technique and apparatus for recharging nickel-cadmium batteries, clearly falls within this excluded class; accordingly, it will not be required by governmental regulations for use by the general public.

SECTION 1245.106(b)(3). The invention is a method and apparatus for automatically charging nickel-cadmium batteries; as such, it is not directly related to the public health or public welfare.

SECTION 1245.106(b)(4). The invention is in the field of technology of energy conversion systems. That this field is a very old one, and one in which there has been significant experience acquired outside of work funded by the Government, is evidenced by the widespread commercial and industrial applications of batteries and by the numerous concerns engaged in batterycharging R&D, manufacture, and sale. The Petitioner has pointed out that there is a great deal of prior art pertaining to many different techniques for charging batteries, and, more specifically, it has defined several techniques in use, other than the present invention for charging nickel-cadmium

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