SECTION 1245.104(a)(1). The purpose of the contract is to conduct a study program

the development of an electrostatic gyroscope for use in NASA spacecraft. Inventions that arise out of this contract will not be required by governmental regulations for public use, inasmuch as no public-use considerations are involved in the making of the contract.

SECTION 1245.104(a)(2). The purpose of the contract is to conduct a study program for an electrostatic gyroscope. This study does not produce an article whose use has a direct or immediate impact on the public health or public welfare.

SECTION 1245.104(a)(3). The field of technology involved in the contract relates to gyroscopes. The Petitioner reports that it has for many years devoted considerable effort toward the development of inertial instruments. Among the more than 15 concerns actively engaged in gyroscope technology, the Petitioner has established itself as a leader in the field. Its privatefunded work in the field includes the early development and substantial design completion of the subject invention, of which it is estimated that approximately half of its total funding can be attributed to Honeywell's Internal Development Program and half to contract funding. In view of the current activity in this field, and, moreover, inasmuch as more than 3,000 patents have been issued to various concerns pertaining to gyroscopes, the acquisition of exclusive rights at the time of contracting would not

confer on the contractor a preferred or dominant position.

SECTION 1245.104(a)(4). The necessary facilities, personnel, and equipment are to be furnished by the contractor. There is no provision in the contract that requires the services of the contractor for coordinating or directing the work of others.

that

Moreover, the Board expressly finds, as required by Section 1245.106(c)(1), 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 has stated that waiver of title would be an incentive further to improve the subject invention, and, in addition, that waiver of title is necessary to call forth private risk capital to provide funding for its further improvement. In view of these statements, and also in view of the fact that Honeywell has been conducting development work on the subject invention at its own expense prior to the time of contracting, it is considered that ample support has been furnished for a favorable finding under this requirement.

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.

support of this finding tends only to show that the Government has been the principal developer of the field. Moreover, the Petitioner's statement that many patents and publications are available, including three patents of its own, which it asserts cover the Azusa portion of its "Glotrac" tracking system, is clearly not adequate to support a showing of more than a little significant experience in the field outside of Government-funded work. In addition, the NASA technical evaluator notes that while no information was furnished in the petition regarding the "Glotrac" or Azusa project, the technical portion of the Petitioner's proposal submitted for the present contract noted that its related experience in tracking-system technology actually stemmed from the Petitioner's Air Force contracts on the Azusa I and the Azusa Mark II systems. Furthermore, no indication has been made in the record that the latter system was commercially developed. Also, other information in the current record regarding the activity of other companies in the defined field, as for example that of the Cubic Corp., General Electric Co., Motorola, and Thompson-Ramo-Wooldridge Co., provides further support for a finding that the defined contract field has been principally developed by the Government.

Although the information in the present record appears to indicate both that little significant privately-funded experience has been achieved in the contract field, and that the Government has been the principal developer thereof, such information nevertheless likewise shows that considerable competition and widespread knowledge exist in the defined contract field, and it is therefore considered that the Petitioner would not be placed in a preferred or dominant position as a result of its acquisition of exclusive patent rights in the present contract. As further support of the latter finding, the Petitioner has also noted that many firms offer tracking receivers, antennas, microwave amplifiers, and synthesizers, that are adapted for use in tracking systems, as well as generally noting that many areas involved in the field of radar per se and high-frequency communications apparatus

have been developed largely without Government funding. Therefore, a favorable finding may be made under this subsection.

SECTION 1245.104(a)(4). The contract does not call for the use of any Government facility or equipment, and, as noted by the contracting officer, no governmental facilities were to be used by the contractor in performing the work; moreover, the contractor was to perform the terms of the contract by itself, and not by reviewing the work of others.

SECTION 1245.104(a)(5). The field of electronic tracking systems has been developed over a great many years to the high degree of complexity existing today. Moreover, Petitioner has supplied equipment to DOD in the past, and the Goddard Space Flight Center has purchased similar equipment from other contractors; therefore, such previous experience in the contract field is clearly available to the contractor in performing the requirements of the present contract.

SECTION 1245.104(a)(6). It is considered clear that the information presented in the petition and elsewhere in the record is more than adequate to establish the Petitioner's technical competence in the related fields of technology involved in the present contract. Furthermore, Petitioner presents information and supporting evidence, in the form of catalogue sheets, regarding the business of its newly-acquired Dynatronics Division, indicating sales of products in telemetry and digital processing, which are considered an integral part of the defined contract field of electronic tracking systems. It is further noted that the commercial sales represented by these catalogue sheets amounted to more than $700,000 in 1965, equalling 43% of the total sales of these products for that division of the Petitioner. Thus, the Petitioner is considered to have shown that it has technical competence in the contract field of electronic tracking systems directly related to an area, namely, telemetry and digital signal processing equipment, in which it has an established nongovernmental commercial position.

PETITIONER: CONTRACT:

STATEMENT OF FACTS: The Petitioner, Vincent J. Cushing (Engineering-Physics Company), is a contractor of the National Aeronautics and Space Administration under Contract NAS 3-6295 to perform work relating to the design, development, fabrication, evaluation, and delivery of an improved service-type flowmeter. The aboveidentified 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 Board, having duly considered the allegations and claims of the 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 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 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). Although the NASA technical evaluator indicates possible commercial application of the proposed flowmeter, once it is fully developed, in "measuring the flow of many nonpolar dielectric fluids, such as certain oils in the petroleum

industry," the intent of the present contract is clearly to develop an improved electromagnetic induction-type flowmeter, for with cryogenic fluids involved directly in governmental, and not public, applications.

SECTION 1245.104(a)(2). Since the flowmeter intended for development under the contract is for use in measuring cryogenic fluids, it has no apparent relation to the health or welfare areas.

SECTION 1245.104(a)(3). Because the field of technology involved in the present case, namely, flowmeters, is a relatively old field, in which much of the information presently available has been derived from industry-financed sources, it is considered obvious that considerable significant experience has been achieved in the defined field through the expenditure of private funds, and that, therefore, the Government's contribution to the field has not been the major or primary one. Moreover, it is equally obvious that, in view of the considerable private activity indicated as presently existing in the defined contract field, the acquisition by the Petitioner of exclusive patent rights in inventions likely to arise under the contract would not likely place it in a position of preference or dominance over industrial activity in this

area.

SECTION 1245.104(a)(4). The contract calls for the work to be performed at the Petitioner's own plant, with the Petitioner providing the necessary personnel, services, materials, facilities, and test equipment.

SECTION 1245.104(a)(5). In developing the improved flowmeter contemplated under the present contract, Petitioner's own previous experience in developing a prior flowmeter, plus already-existing considerable prior art, is clearly available to Petitioner in performing the requirements of the present contract.

SECTION 1245.104(a)(6). In view of the Petitioner's previous and continuing independent research and development work in the field of flowmeters, its well-known expertise in this field, as evidenced by its many technical

papers, and its nationally known reputation, which have resulted in requests and inquiries made by industrial firms to purchase improved, individually tailored flowmeters from Engineering-Physics as well as to purchase the research efforts leading thereto, and further in view of the licensing arrangements made with a large commercial firm for the production and sale of 60-cycle and a 1-cycle flowmeters, it would appear that the Petitioner has competence directly related to an established nongovernmental commercial position.