Yardney Electric Corporation

PETITIONER: CONTRACT:

NAS 5-9106

GRANTED

STATEMENT OF FACTS: The Petitioner, Yardney Electric Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 5-9106. The above-identified petition was submitted to NASA within the time allowed by the Regulations for consideration of waiver of title to all inventions made or that may be made under the above-identified contract. The petition was considered by the Inventions and Contributions Board on April 30, 1965.

The Board, having duly considered the allegations and claims of the above-identified petition, expressly makes the findings under Section 1245.104(a) of the NASA Patent Waiver Regulations (1964), (which Section, in its entirety, is expressly incorporated herein by reference), as required by Section 1245.105(b); concludes that the Petitioner fully satisfies each of the criteria specifically enumerated by the indicated Section as a condition; further concludes that the interests of the United States would best 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). A principal purpose of the contract is to improve the performance characteristics and reliability of silver-cadmium cells for use as a secondary power source in spacecraft. The work to be performed under the contract

does not concern the public health, safety, or security.

SECTION 1245.104(a)(2). A principal purpose of the contract is to improve the performance characteristics and reliability of silver-cadmium cells. The contractor's main effort is to be applied toward understanding the reactions of the silver-oxide and cadmium electrodes and the effects of temperature on these reactions.

SECTION 1245.104(a)(3). The field of technology involved in this contract is silvercadmium electrochemical cells. The contractor and five other companies are actively engaged in research and development in this field, which has been developed primarily by private funds expended by the contractor and others in this country and abroad. The contractor has been engaged in the manufacture of silver-cadmium batteries since the late 1950's, and sales of this product have totaled over $2 million, more than half to the industrial and commercial markets. For several years the contractor has also been engaged in the manufacture and sale of related electrochemical cells, such as silver-zinc, nickeliron, lead-calcium, lead-acid batteries. The art of electrochemical cells is highly developed, and a large number of patents have been issued to the contractor and others engaged in this field of technology.

SECTION 1245.104(a)(4). The contractor is required to furnish the necessary personnel, materials, facilities, and equipment in the course of research and development of

PETITIONER:

Union Carbide Corporation CONTRACT: NAS 9-3699

STATEMENT OF FACTS: The Petitioner, Union Carbide Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 9-3699. The petition was submitted to NASA within the time allowed by the Regulations for consideration of waiver of title to all inventions made or that may be made under the above-identified contract. The petition was considered by the Inventions and Contributions Board on April 30, 1965.

The Board, having duly considered the allegations and claims of the above-identified petition, expressly makes the findings under Section 1245.104(a) of the NASA Patent Waiver Regulations (1964), (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 indiIcated Section as a condition; that (2) the interests of the United States would best

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).

SECTION 1245.104(a)(1). A principal purpose of the contract is to develop, fabricate, and deliver to NASA high-intensity positive carbon electrodes for use in carbon arc solar simulators. Although positive carbon electrodes are commercially available, they are unsuitable for use in NASA solar simulators. To be useful to NASA, these

electrodes must be improved so as to facilitate increased operational reliability, and to prevent carbon contamination and degradation of optical and mechanical components.

The improved carbon electrodes to be developed under the contract may have commercial utility in the motion picture and photo engraving industries; however, such utility is only incidental to the work to be performed under the contract. It is unlikely that inventions arising out of the contract would be required for public use by Governmental regulation, since the work to be performed does not concern the public health, safety, or security.

SECTION 1245.104(a)(2). A principal purpose of the contract is to develop and fabricate high-intensity carbon electrodes that meet specified physical and operational requirements. The work to be done in developing carbon electrodes will not require exploration into fields that directly concern the public health or public welfare. SECTION 1245.104(a)(3). The contract is in the field of technology of arc devices. The contractor has been engaged in the manufacture of lighting carbon for over 75 years, and has had continuing research and development programs on arc carbon throughout this entire time. Arc devices employing carbon electrodes have long been used in nongovernmental applications, such as for searchlight carbons and in the motion picture and photo engraving industries. This field of technology has been developed almost entirely by private industry, and government-funded work on arc devices is small in comparison to the contribution

made by the contractor and others engaged in the field. The contractor is recognized by the industry as being a leader in the development of positive carbon electrodes, and is a leading supplier of carbon electrodes to the motion picture and photoengraving industries. It holds several unexpired patents relating to arc carbon use, and has indicated that several more of its inventions are disclosed in patent applications pending in the United States Patent Office. The work to be performed under the contract requires exploration of only a small part of a field of technology that is already highly developed, so that the acquisition of exclusive rights to inventions likely to arise out of the contract could not reasonably be expected to confer on the contractor a preferred or dominant position.

SECTION 1245.104(a)(4). All work and testing of the positive carbon electrodes developed under the contract, other than sample testing by NASA in a Governmentowned simulator, will be done by the contractor using its own facilities.

SECTION 1245.104(a)(5). The purpose of the contract is to improve upon commercially available positive carbon electrodes, in order to produce a high-intensity electrode suitable for use in NASA's carbon arc solar simulators.

SECTION 1245.104(a)(6). For over 75 years, the contractor has been actively engaged in the research and development of arc carbons. It has had many years of experience in solar simulation, in measuring the spectral-energy distribution of highintensity arc carbons and in developing methods of joining carbons for continuous operation. The contractor is recognized by the industry as a leading developer of positive carbon electrodes. It holds several unexpired patents relating to arc devices. For years it has been engaged in the manufacture and sale of lighting carbons, and is a leading supplier of positive carbon electrodes that are used extensively in searchlight carbons, solar simulation, and in the photo engraving and motion picture industries.