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batteries. It is therefore found that the acquisition of exclusive rights to this invention would not confer on the contractor a preferred or dominant position.

However, the Board further expressly finds that although waiver of title is not proscribed by Section 1245.106(b), it is precluded by the Petitioner's failure to meet the requirements of Section 1245.106(c). The petition is silent regarding the Petitioner's plans and intentions with respect to the invention; accordingly, the Board is

unable to find that waiver of title would be an effective incentive to bring the invention to the point of practical application at the earliest practicable date.

On the basis of all the above-enumerated findings, the Inventions and Contributions Board concludes that the best interests of the United States would not be served by waiving title under Section 1245.106 of the NASA Patent Waiver Regulations of June 1, 1966, and therefore RECOMMENDS THE DENIAL OF THE PETITION.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

PETITIONER:
CONTRACT:

United Aircraft Corporation
NAS 3-7635

--DESCRIPTION: Brayton Cycle Turbomachinery Roller Contact Bearings

Section 1245.105, NASA Patent Waiver Regulations (1966)-- Possibility of Government Requirement for Public Use--Government as Principal Developer of Field--Government Funding v. Private Funding--Competition in Field-- Technical Competence of Petitioner-Patent Position-- Possibility of Preference or Dominance-- Established Nongovernmental Commercial Position--Bearings for Turbomachinery-- Brayton Cycle Turbomachinery Roller Contact Bearings--PETITION GRANTED

tract to develop an item for public use or that may be required for such use by governmental regulations.

FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD:
STATEMENT OF FACTS: The Petitioner,
United Aircraft Corporation, is a contractor
of the National Aeronautics and Space Ad-
ministration, under Contract NAS 3-7635.
The petition was submitted to NASA within
the time allowed by the Regulations for con-
sideration of waiver of title to all inven-
tions made or that may be made under the
above-identified contract, and was con-
sidered by the Inventions and Contributions
Board on June 14, 1966.

The Board, having duly considered the allegations and claims of the above-identified peition, 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 firstmentioned Section as a condition; that (2) the interests of the United States would be st 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 purpose of this contract is to develop an oil- lubricated, rolling element bearing system for Brayton cycle turbo-machinery, including bearings, seals, lubrication system, and gas cleanup system. The bearing system is being developed for possible use in a turboalternator, intended for use in the space program, and as such it is not a purpose of the con

SECTION 1245.104(a)(2). It would appear manifest that there is no direct relationship between the development of the roller bearing system for turbomachinery and the public health or public welfare.

one.

SECTION 1245.104(a)(3). The Petitioner suggests that the field of technology of this contract may be one of the following: power generation, power plants, turbopower plants, or turbocompressors. In the opinion of the Board, the field of technology that most accurately encompasses the work to be performed under this contract is bearings for turbomachinery. This is the field recommended by the NASA technical evaluator, and a review of the statement of work of the contract indicates it to be the appropriate It is clear that this is an old and welldeveloped field, in which there has been a great deal of significant experience outside of work funded by the Government, and that the Government has not been the principal developer of the field. For example, the Petitioner itself has conducted for over 20 years an extensive company-funded analytical and experimental program relating to bearings as well as to seals, involving, in addition to the solution of many bearing problems occurring in the natural course of its engine development, the use of many test rigs to perform hundreds of experiments, including full-scale bearing fatigue tests, the visual study of bearing ball motion, thrust bearing endurance, ball friction. studies, bearing thermal performance, dirt damage studies, and lubricant and cooling programs, among other experiments. Moreover, it is recognized that a number of other

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domestic and foreign companies have made contributions to the defined field; accordingly, there appears to be no likelihood that the retention of exclusive rights would confer upon the contractor a preferred or dominant position in this well-established and competitive field.

SECTION 1245.104(a)(4). The contract is to be performed at contractor-owned facilities, and does not involve coordinating or directing the work of others.

SECTION 1245.104(a)(5). Performance of this contract, and thus development of an item for use by the Government, will depend to a considerable extent on use of background knowledge and research performed over many years by the contractor in connection with aircraft-engines and other turbine development. The Petitioner has accumulated extensive experience with high-load bearings through the conduct of research and tests with actual engines and test equipment simulating working conditions.

SECTION 1245.104(a)(6). The Petitioner has considerable background experience in the field of bearings for turbomachinery;

such experience covers many years and many flight engine developments, for both commercial and military applications. Moreover, the Petitioner has acquired a substantial amount of technical competence and know-how and a number of patents in the field of turbomachinery bearings. The petition goes into considerable detail on this subject, for example, by listing the Petitioner's extensive experience on journal bearings and antifriction or rolling contact bearings, and by indicating its many experiments involving, among others, a thrust bearing endurance program and an extensive ball- and roller-bearing thermal study utilized in designing the bearing compartments of recent jet engines. Furthermore, the Petitioner has an established nongovernmental commercial position in the field of turbojet aircraft engines. A number of Petitioner's turbojet engines are in use today on commercial airplanes, including the JT-8D and the JT-4 engines. These extensive commercial sales are in the area of turbojet engines, which area is directly related to the contract field of turbomachinery bearings; in fact, such bearings are an integral part of Petitioner's jet engines.

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

PETITIONER:
CONTRACT:

United Aircraft Corporation

NAS 12-40

--DESCRIPTION: Study to Determine the Accuracy Requirements for a Small Energetic (kick) Stage for Use as an Upper Stage with Present and Future Launch Vehicles

Section 1245.105, NASA Patent Waiver Regulations (1966)--Government Funding v. Private Funding--Competition in Field-- Possibility of Preference or Dominance--Advance Over Existing Knowledge or Technology--Technical Competence of Petitioner-- Patent Position--Established Nongovernmental Commercial Position--Inertial Navigation Systems--Study to Determine the Accuracy Requirements for a Small Energetic (kick) Stage for Use as an Upper Stage with Present and Future Launch Vehicles--PETITION DENIED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, United Aircraft Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 12-40. The petition was submitted to NASA within the time allowed by the Regulations for consideration of waiver of title of the United States to all inventions made or that may be made under the above-identified contract, and was considered by the Inventions and Contributions Board on October 3, 1966.

The Board, having duly considered the allegations and claims of the above-identified petition, is unable to make all of the findings under Section 1245.104(a) of the NASA Patent Waiver Regulations (1966), as required by Section 1245.105(b), and therefore RECOMMENDS THE DENIAL OF THE PETITION. The reasons for the Board's findings are stated below.

SECTION 1245.104(a)(1). The object of the contract is to study the accuracy requirements for the Small Energetic (kick) Stage for use as an upper stage with present and future launch vehicles. Subsequent to this study, a project definition study can be initiated. A model orbit, such as a Jupiter fly-by, establishes a reference from which deviations are encountered and the cost of corrections in fuel requirements is determined. The present study will determine the relationships between accuracy requirements, weight, and space design. As a result, it is not a principal purpose of the contract to create, develop, or improve products, processes, or methods that are intended for commercial use by the general public at home or abroad, or that will be

required for such use by Government regu-
lations.

SECTION 1245.104(a)(2). Since the contract
relates to a study of guidance and naviga-
tional requirements for a
small upper
stage, it is not a principal purpose to ex-
plore into fields that directly concern the
public health or the public welfare.
SECTION 1245.104(a)(3). The contract is
not in a field of science or technology in
which there has been little significant ex-
perience 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 con-
tractor a preferred or dominant position.
The field of technology of this contract is
inertial navigation systems. The Petitioner
submits that it has invested in excess of
$10 million of its own funds in the develop-
ment of a guidance system that includes
considerable work on space navigational
systems. Furthermore, it is known that a
number of corporations are actively en-
gaged in guidance, control, and naviga-
tional systems, e.g., Sperry Rand, Collins
Radio, Lear, and others. In addition, the
small amount of money involved under the
contract ($499,700) when related to the
massive efforts underway in the field,
makes it clear that there is no poten-
tiality of dominance through retention of
rights under this one contract.

SECTION 1245.104(a)(4). Under the terms of the contract, United Aircraft is to supply the necessary personnel, facilities, services, and materials to accomplish the work

set forth in the statement of work, so that the contract is not for the services of the contractor for the operation of a Government-owned research or production facility or for coordinating and directing the work of others.

SECTION 1245.104(a)(5). The purpose of the contract is to build to build upon existing knowledge or technology in the field of guidance, control, and navigation, to develop information or methods for use by the Government which are applicable to long-range celestial missions to operate with present and future launch vehicles.

SECTION 1245.104(a)(6). The work called for by the present contract is in a field of science or technology (a program study relating to the guidance and control of a small upper stage) in which United has apparently acquired technical competence, as demonstrated principally by an impressive list of some ten (10) patent applications bearing titles such as "Space Vehicle Guidance System," "Satellite Guidance System," and the like. Furthermore, United sets forth that it has conceived, designed, and con

structed navigational equipment for an automated merchant ship, as well as having performed extensive testing of navigational systems in helicopters. In addition, the Petitioner states that it has performed computer services for a number of commercial firms, such as Fafnir Bearing Co., Royal Typewriter Co., Inc., Travelers Research Center, Pratt & Whitney, and several more. However, the foregoing information alone is considered inadequate to support a finding of an established nongovernmental commercial position in an area to which the field in which the Petitioner has technical competence is directly related or applicable. Other statemens in the petition relating to an established nongovernmental commercial position were very broad and unsupported by specific examples and information as to commercial position were very broad and unsupported by specific examples and information as to commercial sales. On the basis of the information presented, the Board is unable to find that the Petitioner has an established nongovernmental commercial position in an area directly related to the field of guidance and control technology.

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