invention, as is demonstrated by continually increasing nongovernmental sales, which are listed as having increased from $100,000 in 1961 to an estimated $12 million in 1966. Because of the vast R&D already done in this field, and because the invention relates to but a small part of a very active and crowded art, the acquisition of exclusive rights thereto would not confer on the Petitioner a preferred or dominant position.

The Board further expressly finds, as required by Section 1245.106(c), that in view of the Petitioner's plans and intentions, 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 asserts that it is quite interested in placing the invention in the mainstream of commerce as early as possible; however, in order to do so, Petitioner would be compelled to make additional expenditures, which it is reluctant to incur without having commercial rights to the invention. Petitioner further states that plans are now in progress to promote the capabilities of the invention and other families of resins derived therefrom, in order to commercialize this development in the shortest practicable time. Moreover, technical analyses have been made, many approaches to its exploitation have already been considered, and

preliminary market surveys have been made to determine which of the families of plastics will demonstrate capabilities of the invention and quickly meet with commercial success. For example, Petitioner has tentatively decided that molding compounds will demonstrate that parts can be molded at considerable reduction of costs, and that the commercial desirability of many end products from such molding compounds will be recognized in this highly competitive market, once the original molded parts are available for evaluation. TRW has investigated marketing aspects of the invention, and finds that it has applicability in such consumer products as appliances, parts, electrical components, and other applications, such as utensils and in the bonding and adhesive markets. It is further stated that TRW has spent approximately $96,000 in company funds for promoting the invention, including R&D, marketing, and sales efforts, and that these efforts are currently funded for $82,000 for this fiscal year.

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.

contract is not to explore into fields that directly concern the public health and public welfare.

SECTION 1245.104(a)(3). The field of science or technology of this contract is electric energy converters. This field of science is one in which there has been significant experience gained outside of work funded by the Government. This is demonstrated by technical publications, commercial product brochures, and copies of Petitioner's U.S. patents, all of which describe various items that are included in the field of technology of this contract. NASA technical personnel have stated that other companies active in this field of technology include General Electric, Allis Chalmers, and Ideal Electric and Manufacturing Corp. NASA technical personnel have also indicated that the contract field of technology is one that has been substantially developed by private, rather than by Government-funded, effort. That the acquisition of exclusive rights to inventions made under the contract will not confer a preferred or dominant position on the Petitioner is apparent when the relatively small effort to be exerted under this contract ($91,638) is compared to the extensive effort that has been exerted in this field in the past, both by Petitioner and other firms active in the area. It is the further opinion of NASA technical personnel that any new technology generated under the contract will relate closely to known technology. Thus, it appears unlikely that any dominating inventions will result from this contract.

SECTION 1245.104(a)(4). NASA personnel having technical supervision of this contract have indicated that Petitioner will furnish all personnel and facilities employed in the performance of the contract; it therefore follows that the contract is not for the services of Petitioner for (i) the operation of a Government-owned research or production facility, or (ii) coordinating and directing the work of others.

SECTION 1245.104(a)(5). The principal purpose of this contract is to perform for

governmental applications a study to develop a design for the most feasible and economical system for converting either an AC or DC input into a high-quality AC output. The ultimate use of any system designed would be to provide a supply of emergency power in the event of a power failure. There is a large number of industries engaged in activities wherein a power failure can result in costly and timeconsuming delays in their production activities. There are systems available, some of which are supplied by Petitioner, that are capable of converting the DC output of a storage battery into alternating current suitable to replace the power normally available from utility companies. These commercially available systems, while perhaps simpler and less complex than the design to be studied under this contract, are nevertheless closely related and very similar to the type of apparatus to be studied under the contract. Thus, it is clear that the present state of knowledge in this field of technology is relatively advanced, and any information, products, processes, or methods developed under the contract will, in all probability, be built upon the existing knowledge for use by the Government.

SECTION 1245.104(a)(6). That Petitioner has acquired technical competence and a commercial position in the contract field of technology is demonstrated by its numerous patents in the field, the product brochures and technical publications describing various power supplies and components thereof marketed by the Petitioner. In addition, Petitioner claims expenditures of $4.5 million over the past five years in the field of static power equipment. Moreover, the product brochures and technical publications furnished by Petitioner describe its commercial products which fall in an area coextensive with the contract field of technology. Thus, it is clear that the work called for by the contract is in a field of technology in which the contractor has acquired technical competence, and is directly related to an area in which the contractor has an established nongovernmental commercial position.

PETITIONER:

Block Engineering, Inc.

STATEMENT OF FACTS: The Petitioner, Block Engineering, Inc., has submitted a proposal, in response to a Caltech/JPL Request for Proposal 951572, as a potential subcontractor under Prime Contract NAS 7-100. The petition was submitted to NASA prior to contract execution for consideration of waiver of title to all inventions that may be made under the above-identified subcontract, and was considered by the Inventions and Contributions Board on

October 5, 1966.

The Board, having duly considered the allegations and claims of the petition, expressly makes the findings required under Section 1245.104(a) of the NASA Patent Waiver Regulations (1966), (which Section, in its entirety, is hereby expressly incorporated by reference); concludes that (1) the Petitioner fully satisfies each of the criteria specifically enumerated by the indicated Section as a condition; that (2) the interests of the United States would best be served by waiving title under Section 1245.104 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 proposed subcontract is directed specifically to designing, developing, fabricating, assembling, testing, and delivering an infrared interferometer drive system capable of having a required motion, a discrete motion, and a lock-in mode that will function in a defined environment of temperature and vibration for the purpose of

exploring radiation from other planets. Although the general public may incidentally benefit from the device produced under the proposed subcontract, it is not a principal purpose thereof to create, develop, or improve products, processes, or methods that are intended for commercial use by the general public, or that will be required for such use by governmental regulations.

SECTION 1245.104(a)(2). It is contemplated that the infrared interferometer drive system will be used as a component in a device to to explore radiation from other planets. Although measuring the radiation emanating from other planets may prove beneficial and contribute to the health and welfare of the public, the principal purpose of the proposed subcontract is not to explore into fields that directly concern the public health or public welfare.

SECTION 1245.104(a)(3). The field of technology involved in the proposed subcontract relates to infrared interferometer drive systems. This field was initially explored by Michelson, and thereafter by other prominent scientists. Many presently employed interferometers are identified as Michelson-type. Moreover, many privatelyfinanced organizations, individuals, and institutions have contributed to the development of interferometers and all the major and minor components used therein.

While Petitioner refers to an article in the publication "Applied Optics," to support the allegation that the Government is not the principal developer of the field; a review of several issues of the identified publication fails to provide any

support for this proposition. The cognizant engineer and Dr. Reinhard Beer were consulted on this matter, and both are of the opinion that considerable development work on interferometers and components thereof has been performed by organizations without Government funding.

It is concluded therefore that the proposed subcontract is in a field in which there has been considerable experience outside of work funded by the Government, and the acquisition of exclusive rights to inventions that may be made will not confer on the proposed subcontractor a preferred or dominant position.

SECTION 1245.104(a)(4). Most, if not all, of the work to be done under the proposed subcontract will be performed at the Petitioner's installation, which is a privatelyowned facility. The proposed subcontract is therefore not for the operation of a Government-owned research or production facility, or for coordinating and directing the work of others.

SECTION 1245.104(a)(5). The proposed subcontract requires the design and development of an infrared interferometer drive system according to defined design

criteria and specifications. It may therefore be concluded that the purpose of the proposed subcontract 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 field of technology of the proposed subcontract is that of infrared interferometer drive systems, a field in which Petitioner has acquired a high degree of competence. In addition, a review of several articles submitted by the Petitioner supports the allegation that Petitioner has an established nongovernmental commercial position in the area of interferometers. In particular, a sales brochure and an article from a trade journal concerning chemistry indicate that Petitioner is offering interferometers for sale commercially. Moreover, Petitioner has made sales of such instruments to several institutions, such as universities and an observatory, and to corporations, such as Monsanto, DuPont, and Gulf Research. Therefore, it is clear that the petitioner has acquired technical competence in the field of technology of the contract that is directly related to an area in which it has an established nongovernmental commercial position.