NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: CONTRACT: Franklin GNO Corporation --DESCRIPTION: Fundamental Study of Electrophilic Gases for Plasma Quenching Section 1245.105, NASA Patent Waiver Regulations (1966)--Government Funding v. Private Funding--Technical Competence of Petitioner--Established Nongovernmental Commercial Position--Gaseous Electronics--Fundamental Study of Electrophilic Gases for Plasma Quenching--PETITION DENIED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Franklin GNO Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 1-5575. 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 June 14, 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 purpose of the contract is to examine the electrophilic behavior of electronegative materials at various temperatures and under various pressures. The contract therefore contemplates neither the development nor the production of any specific device, method, or apparatus for commercial use by the general public or which will be required for such use by governmental regulations. SECTION 1245.104(a)(2). Since the primary purpose of the contract is to investigate and examine electronegative materials, and to produce data relating to the problems of reentry, any relationship to the field of health and welfare appears remote and incidental. SECTION 1245.104(a)(3). The field of existing knowledge and technology, to develop information on gaseous electronics for use by the Government. SECTION 1245.104(a)(6). While the tractor may have demonstrated technical competence, experience, and know-how in the field of gaseous electronics, it has not shown that it has an established nongovernmental commercial position in an area directly related to this field of technology. The Petitioner has therefore failed to meet the requirements of this criterion. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: Whittaker Corporation, NARMCO Research and Development Division NAS 8-11068 CONTRACT: Section 1245.106, NASA Patent Waiver Regulations (1966)--Government Funding v. Private Funding--Possibility of Government Requirement for Public Use--Patent Position--Competition in Field--Possibility of Preference or Dominance--Waiver as Effective Incentive--Halocarbons--Improved Preparation of Chlorinated Aromatic Polyisocyanates--PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Whittaker Corp., NARMCO Research and Development Division, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 8-11068. The petition was made for waiver of title of the United States in an invention entitled "Improved Preparation of Chlorinated Aromatic Polyisocyanates," described in an attachment to the petition. The invention was made by Floyd Trischler, 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 June 14, 1966. The Board, having duly considered the allegations and claims of the 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 halocarbon developed for possible use in preparing an adhesive having the characteristics of being compatible with liquid oxygen, and as such was intended solely for use in the governmental space program. Accordingly, the invention is not directly 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). The invention involves a halocarbon developed for use in making an adhesive intended to be employed in fabricating a launch vehicle. Accordingly, it appears certain that the Government will not require the invention to be used by the public. SECTION 1245.106(b)(3). The invention is obviously unrelated to the public health or welfare, since it involves only a compound developed for use in a special-purpose adhesive. SECTION 1245.106(b)(4). The field of science or technology to which the invention relates is halocarbons. Petitioner has alleged in his waiver petition that extensive R&D funds have been expended in this field by private industry, and to substantiate this assertion has submitted excerpts from "Advances in Fluorine Chemistry, "Vol. III, 1963 (Butterworth & Co., Publishers), which does in fact discuss the activities of various companies in the fluorochemical and halocarbon fields. For example, the cited publication states that the General Chemical Division of Allied Chemical Corp. is long established in the fluorochemical field. and offers a complete line of simple halocarbons. The evidence submitted by Petitioner, when considered in conjunction with the comments of Dr. J. M. Stuckey, a NASA scientist familiar with the contract under which the invention was developed, that in his opinion there has been considerable experience acquired in the field of halocarbons outside of work funded by the Government, establishes that there has been significant private experience in the halocarbon field. Further, Petitioner has pointed out that in a three-month period through July 1965, the U.S. Patent Gazette listed 16 patents that were granted to various U.S. companies in the area of halocarbons. In addition, it is believed that efforts exerted by Petitioner in the field of halocarbons under the contract are relatively small, compared to the total effort exerted by others in the field, as evidenced by the cited publication. Thus, it would appear highly unlikely that the acquisition of exclusive commercial rights to this invention might confer on the contractor a preferred or dominant position. The Board further expressly finds, as required by Section 1245.106(c), that waiver of title would be an effective incentive to bring the invention the point of practical application at the earliest practicable date. Petitioner has stated that waiver of title is an absolute necessity if it is to invest private funds in developing the invention. Petitioner has also expressed an intent to explore and promote commercial application of the invention if such title is waived; it has further asserted that the development of the invention into a marketable commercial product will necessitate the expenditure of considerable funds for research, engineering, development, testing, and marketing efforts, and Petitioner is of the opinion that such expenditure cannot be justified unless it is assured of ownership of commercial patent rights. Waiver of title in the invention would provide the exclusive commercial rights deemed necessary by Petitioner to explore the invention, and therefore waiver would be an effective incentive to promote its further development and commercialization. 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 June 1, 1966, and therefore RECOMMENDS THE GRANT OF THE PETITION. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: Whittaker Corp., NARMCO R&D Division INVENTION: Fluorine Containing Polyformals Section 1245.106, NASA Patent Waiver Regulations (1966)--Government Funding v. Private Funding--Possibility of Government Requirement for Public Use--Patent Position--Competition in Field--Possibility of Preference or Dominance--Waiver as Effective Incentive-Halocarbons--Fluorine Containing Polyformals--PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Whittaker Corp., NARMCO R&D Division, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 8-11068. The Petition was made for waiver of title of the United States in an invention entitled "Fluorine Containing Polyformals," described in an attachment to the petition. The invention was made by Floyd Trischler, 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 June 14, 1966. The Board, having duly considered the allegations and claims of the petition, expressly makes the findings required under Section 1245.106, subsections (b) and (c), of the NASA Patent Waiver Regulations (1966). The reasons for the Board's findings are identical with those expressed in Waiver No. W-497. 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 June 1, 1966, and therefore RECOMMENDS THE GRANT OF THE PETITION. |