NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: CONTRACT: INVENTION: TRW, Inc. NAS 3-4188 Polyimide-Esters, a New Class of Polymers Section 1245.106, NASA Patent Waiver Regulations (1966)--Government Funding v. Private Funding--Government as Principal Developer of Field-- Competition in Field-- Possibility of Preference or Dominance--Waiver as Effective Incentive--High-Temperature-Resistant Resins--Polyimide- Esters, a New Class of Polymers--PETITION DENIED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, TRW, Inc., is a contractor of the National Aeronautics and Space Administration, under Contract NAS 3-4188. The petition was made for waiver of title of the United States in an invention entitled "PolyimideEsters, a New Class of Polymers," described in an attachment to the petition. The invention was made by Hyman Ralph Lubowitz and Eugene Anthony Burns, 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 January 24, 1967. 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. However, it finds that waiver is precluded by Section 1245.106(c). The reasons for the Board's findings are identical with those expressed in Waiver No. W-597. Section 1245.105, NASA Patent Waiver Regulations (1966)--Government Funding v. Private Funding--Government as Principal Developer of Field--Petitioner's Modification of Own Product as Negating Possibility of Preference or Dominance--Competition in Field-Technical Competence of Petitioner--Patent Position--Established Nongovernmental Commercial Position--Fuel Cells--Development of Fuel-Cell Electrodes--PETITION GRANTED space, it is not a purpose of the contract to create, develop, or improve products, processes, or methods intended for commercial use by the general public, or that will be required for such use by Governmental regulations. FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Union Carbide Corp., is a contractor of the National Aeronautics and Space Administration, under Contract NAS 3-9430. 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, and was considered by the Inventions and Contributions Board on November 3, 1966. 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 (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 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). The purpose of the contract is to improve and evaluate a fuel-cell system for powering a Gemini spacecraft. The Contractor is to modify an existing fuel-cell electrode for such a space power system. Inasmuch as the contract is concerned with the generation of power in SECTION 1245.104(a)(2). The contract has for its purpose the development of an improved type of aerospace power supply. It is not a principal purpose to explore into fields that directly concern the public health or public welfare. SECTION 1245.104(a)(3). The field of science or technology of the contract is that of fuel cells, a field in which there has been significant experience outside of work funded by the Government; also, the Government has not been the principal developer of the field. The Petitioner states that Union Carbide's previous fuel-cell work received very little Governmental funding; more specifically, it is claimed that from the inception of its fuel-cell program, more than ten years ago, approximately 85% of the total cost has been supported by Union Carbide and 15% by the Government. A goal of this contract is to secure a minimum weight and size factor in an electrode already developed by the Petitioner. The acquisition of exclusive rights to inventions that might be made under the contract will not confer a preferred or dominant position on the Contractor, because it is its own product that is being modified and studied under the contract; moreover, there is a great deal of competition in this field between such industrial giants as General Electric, United Aircraft, and AllisChalmers. SECTION 1245.104(a)(4). The work to be done under the contract is to be performed in the Fuel Cell Department of the Petitioner's Electronics Division. The contract is not for the services of the Contractor for (i) the operation of a Governmentowned research or production facility, or (ii) coordinating and directing the work of others. SECTION 1245.104(a)(5). The purpose of the contract is to build upon the existing knowledge and technology utilized in commercial fuel cells produced by the Contractor, to develop information for use by the Government in evaluating a new fuel-cell system for aerospace applications. Thus, the purpose 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). The Petitioner's evidence to show its technical competence in the field of fuel cells includes exhibits identifying previous work done by it on fuel cells. Exhibit A defines the Petitioner's background in fuel-cell electrodes; Exhibit B lists 52 publications that have resulted from Union Carbide Fuel Cell R&D; and Exhibit C lists more than 20 patents that Petitioner has obtained in the fuel-cell area. The Petitioner's claim of competence is further strengthened by the fact that the contract calls for the modification of a fuelcell electrode previously developed by it. The Petitioner's information setting forth its established nongovernmental commercial position in the field of fuel cells includes Exhibit D, a collection of press announcements, advertisements, and "Technical Sheets" employed by Petitioner in commercial exploitation of its fuel-cell system and porous electrode materials. The Petitioner asserts, moreover, that it presently sells fuel-cell systems and fuel-cell stacks as standard commercial items, and that within a year about 90 1-kw fuel-cell stacks will be sold commercially. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: North American Aviation, Inc. CONTRACT: NAS 8-20005 INVENTION: Method and Apparatus for Vibration Analysis Utilizing the Mossbauer Effect 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 8-20005. The petition was made for waiver of title of the United States in an invention entitled "Method and Apparatus for Vibration Analysis Utilizing the Mossbauer Effect," described in U.S. Patent Application Serial No. 533650, a copy of which was submitted with the petition. The invention was made by Norbert A. Roughton, 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 November 3, 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 a method and apparatus for the measurement of very small vibration amplitudes utilizing the Mossbauer effect. The invention was made under a research and development contract to develop detailed recommendations for the construction of a vibration-measuring system for use as a vibration-calibration standard for accelerometers. As such, the invention was intended solely for use in the Governmental space program, and is not related to a Governmental program for creating, developing, or improving products, processes, or methods for use by the general public. SECTION 1245.106(b)(2). Although the invention may find commercial utility, it is not likely that it will be required by Governmental regulations for use by the general public. SECTION 1245.106(b)(3). A vibrationmeasuring system useful as a vibrationcalibration standard is not a product having 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 of instrumentation systems. The Petitioner states that the invention is an outgrowth of work that it has done for many years in the development of instrumentation systems, a field in which the Government has not been the principal developer, and in which much significant experience has been gained outside of Government work. Petitioner further states that its employees have made many inventions in the instrumentation field, three patents on inventions unrelated to any Government contract being listed in support of this position. Although the Petitioner has submitted no facts pertaining to Governmental activity in this field, the cognizant NASA technical representative has stated, and the Board |