PETITIONER: Consolidated Systems Corporation

CONTRACT: INVENTION:

NONR-2897 (00) (X) Feedback Amplifier

STATEMENT OF FACTS: The Petitioner, Consolidated Systems Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NONR-2897 (00) (X). The petition was made for waiver of title of the United States in an invention entitled "Feedback Amplifier," described in an attachment to the petition. The invention was made by Patrick f. Howden, 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 21, 1965.

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 (1964), (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). Although the electrometer amplifier of the present invention exhibits commercial potential, it actually resulted from a Government contractual effort to develop an improved device to be used in a satellite mass spectrometer, and is therefore not related to, or intended by the Government to be used for, the benefit of the public.

SECTION 1245.106(b)(2). The present invention relates to an improved electrometer amplifier that was specifically designed for the Governmental space program, and was actually flown on the Explorer 17 satellite; it is therefore highly unlikely that its use by the public-at-large would be required by the Government.

SECTION 1245.106(b)(3). The present electrometer amplifier was specifically developed for use in a mass spectrometer, to be used by NASA in its satellite space science program as part of the electronic equipment therefor; it accordingly has no direct relationship to the health or welfare field.

SECTION 1245.106(b)(4). The field of science or technology of the present invention is defined as electronic amplifiers. It is recognized that many companies have performed work in this field independent of Government support; moreover, the technical evaluator indicates further that companies such as Keithley Instrument, Inc., Nuclear-Chicago Corp., and Applied Physics Corp., specifically carry a line of electrometers for general use. Accordingly, it is considered that the foregoing information appears adequately to support a finding both that there has been significant experience in the defined invention field through expenditures of private funds, and that, in view thereof, no finding can be made that the Government has been the principal developer of the field, although undoubtedly the Government has also made significant contributions thereto. Furthermore, in view of the apparently not insignificant competition, as indicated hereinabove, existing in the invention field, it is likewise apparent

that Petitioner would not be placed in a position of control, or even near-control, over its competitors, should it receive title to the invention.

The Board further expressly finds that the contract meets the criteria of Section 1245.106(c)(1), (which is hereby expressly incorporated by reference), which Section encompasses the criteria of Section 1245.104(a), subsections (1) through (4), (which are also hereby expressly incorporated by reference). The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection.

SECTION 1245.104(a)(1). The principal purpose of the present contract involved development of a satellite mass spectrometer for space-measurement use, and a mass spectrometer was in fact developed and actually flown in the Explorer 17 satellite as part of NASA's space science investigation program; therefore, the contract purpose obviously did not involve commercial exploitation.

SECTION 1245.104(a)(2). The principal purpose of the present contract was to conduct research into and develop five prototype models of a satellite mass spectrometer for measuring the average molecular weight of the atmosphere between 200 and 1,000 km, by means of a satellite-borne instrument, and therefore was not intended to explore into the health or welfare areas.

SECTION 1245.104(a)(3). The field of science or technology of the present contract is considered to be gas-analysis instrumentation, and in this field the technical evaluator notes, in effect, that there has been more than a little significant experience by industry through private expenditures by the General Electric Co., Westinghouse Electric Co., and the Atlas Co. of Germany.

The latter finding appears further supported by the evaluator's indication that the Petitioner itself had known capability in the defined contract field, presumably through its own expenditures, and therefore, in view thereof, it was selected to build the instant mass spectrometer. Moreover, the foregoing information regarding the experience of private industry in the defined contract field might be considered to support a finding that the Government has not been the principal developer of the field, and in any event appears clearly to negate any finding that grant of title to the Petitioner would place it in a controlling position over its competitors.

SECTION 1245.104(a)(4). Under the terms of the contract, the Petitioner was to use its own personnel, equipment, and facilities. Moreover, the Board expressly finds, as required by Section 1245.106(c)(1), that waiver of title would be an effective incentive to bring the invention to the point of practical application at the earliest practicable date. It is considered that additional development is required to adapt the presently space-oriented invention to commercial application, and that some exclusivity is needed, because of existing commercial competition. Petitioner's indicated intent further to develop the invention is supported by its filing of a patent application thereon, and by its clear indication of the need for title to the invention as an incentive to use its own money for the further development of the invention.

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 August 27, 1964, and therefore RECOMMENDS THE GRANT OF THE PETITION.

outside of Government-funded work has been accomplished in the invention field. Furthermore, in view of the foregoing significant private experience, no finding may be made that the Government has been the principal developer of the field, or that the grant of exclusive patent rights would put Petitioner in a preponderant or dominant position over industry.

The Board further expressly finds that the contract meets the criteria of Section 1245.106(c)(1), (which is hereby expressly incorporated by reference), which Section encompasses the criteria of Section 1245.104 (a), subsections (1) through (4), (which are also hereby expressly incorporated by reference). The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection.

SECTION 1245.104(a)(1). Under the principal purpose of the present contract, the contractor is to develop and deliver five prototype models of a mass spectrometer, to be placed in orbit in a NASA satellite to measure the molecular weight of the atmos phere at upper altitudes; therefore, the purpose of the contract was to develop an item solely for governmental use and not for use by the general public.

SECTION 1245.104(a)(2). Since the principal purpose of the present contract was to develop an item, namely, a mass spectrometer, to be flown in a NASA satellite, and thereby limited in use generally to the governmental space program, and in particular to the space-measurement field, it is readily apparent that the field involved has no relationship to health or welfare.

SECTION 1245.104(a)(3). The field of science or technology involved in the present contract is considered that of gas-analysis instrumentation. Significant privatelyfunded experience is clearly indicated in this field by the involvement therein of at least the General Electric Co., Westinghouse Electric Co., and the Atlas Company (Germany). Further support for this finding is indicated by the selection of Petitioner to

build the requisite mass spectrometer, because of its known capability in this field. While it has not been indicated how much of this capability was obtained through the expenditure of Petitioner's own funds, and how much through the expenditure of Government funds, and, moreover, while the record is silent regarding support for a finding whether or not the Government has been the principal developer of the defined contract field, nevertheless the recognized significant previous experience gained by both the Petitioner and the above-noted companies, which certainly indicates not insignificant competion in the defined contract field as well, is held to be sufficient support for a determination that Petitioner would not be placed in a position of preference or dominance, should it receive the exclusive rights requested in the present petition.

SECTION 1245.104(a)(4). The contract requires the contractor to use its own equipment, facilities, and personnel.

Moreover, the Board expressly finds, as required by Section 1245.106(c)(1), that waiver of title would be an effective incentive to bring the invention to the point of practical application at the earliest practicable date. It is considered that additional development is required to adapt the presently space-oriented invention to commercial application, and that some exclusivity is needed, because of existing commercial competition. Petitioner's indicated intent further to develop the invention is supported by its filing of a patent application thereon, and by its clear indication of the need for title to the invention as an incentive to use its own money for the further development of the invention.

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 August 27, 1964, and therefore RECOMMENDS THE GRANT OF THE PETITION.

STATEMENT OF FACTS: The Petitioner, Honeywell, Inc., is a contractor of the National Aeronautics and Space Administration, under Subcontract 950607, awarded under Contract NAS 7-100 with JPL. The petition was made for waiver of title of the United States in an invention entitled "Control Apparatus," described in an attachment to the petition. The invention was made by John R. Miles, 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 August 6, 1965. The Board, having duly considered the allegations and claims of the petition, expressly makes makes the findings required under Section 1245.106(b) of the NASA Patent Waiver Regulations (1964), (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 instance to the respective criterion set forth in each subsection.

SECTION 1245.106(b)(1). The invention relates to an optical device for use in high quality instrumentation in spacecraft guidance systems. Inasmuch as the mechanization of the subject invention was begun under Honeywell's Development Program for the development of an electrostatic gyroscope (although completed with funds provided by the contract), it may have application other than in spacecraft; such

other application, however, is incidental to the purpose of this contract. SECTION 1245.106(b)(2). No governmental regulations are likely to be promulgated requiring the use of the present invention by the general public, since the novel optical device developed under the contract is intended primarily for use by the Government in spacecraft guidance systems. SECTION 1245.106(b)(3). An optical device, such as the present invention, does not have a direct or significant bearing on the health and welfare of the general public. SECTION 1245.106(b)(4). The invention is in the field of science of optics. The truth of the Petitioner's statements that this field has been extensively explored by private industry, and that large investments of private capital have been spent in the development of this field, is self-evident. The science of optics is a branch of physics that has been studied for more than a century. The voluminous literature, including thousands of patents, pertaining to the art of optics, is convincing evidence that the acquisition of exclusive rights to this invention would not confer on the contractor a preferred or dominant position.

The Board further expressly finds that the contract meets the criteria of Section 1245.106(c)(1), (which is hereby expressly incorporated by reference), which Section encompasses the criteria of Section 1245.104(a), subsections (1) through (4), (which are also hereby expressly incorporated by reference). The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection.