NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: Westinghouse Electric Corporation INVENTION: Tantalum-Base Alloys Section 1245.106, NASA Patent Waiver Regulations (1966)-- Incidental Commercial Utility-Relationship to Public Health or Welfare--Government Funding v. Private Funding-Government as Principal Developer--Competition in Field-- Possibility of Preference or Dominance--Waiver as Effective Incentive--High-Temperature Alloys and Refractory Metals--Tantalum-Base Alloys--PETITION GRANTED tributions Board on August 29 and December 7, 1966. FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Westinghouse Electric Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 3-2542. The petition was made for waiver of title of the United States in an invention entitled "Tantalum-Base Alloys," described in an attachment to the petition. The invention was made by Raymond W. Buckman, Jr., an employee of the Petitioner, in the performance of work required under the aboveidentified 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 Con The Board, having duly considered the allegations and claims of the above-identified petition, expressly makes the findings required under Section 1245.106(b) and (c) 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 identical with those expressed in Waiver No. W-408. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: Institute of Research and Instrumentation CONTRACT: NAS 9-2762 INVENTION: Reference Electrode Prepared Electrolytically Section 1245.106, NASA Patent Waiver Regulations (1966)-- Incidental Commercial Utility-Impact of Invention on Public Health or Welfare--Government Funding v. Private Funding-Government as Principal Developer of Field--Competition in Field-- Possibility of Preference or Dominance-- Electro-Chemistry--Reference Electrode Prepared Electrolytically--PETITION DENIED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Institute of Research and Instrumentation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 9-2762. The petition was made for waiver of title of the United States in an invention entitled "Reference Electrode Prepared Electrolytically," described in an attachment to the petition. The invention was made by Dr. Benjamin Mosier, an employee of the Petitioner, in the performance of work required under the aboveidentified 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 October 3, 1966. The Board, having duly considered the allegations and claims of the above-identified petition, is unable to make all of 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 therefore RECOMMENDS THE DENIAL OF THE PETITION. The reasons for the Board's findings are stated below. SECTION 1245.106(b)(1). The invention relates to an improved reference electrode suitable for use in space electrocardiography. Although such electrode is generally usable in a variety of commercial applications, including electroplating and electrolytic refining operations, the special adaptability of the present invention to monitor the physiological condition of the astronauts during space missions of relatively long duration is considered clearly indicative that the principal contemplated use of these electrodes is only in the Government space program. Therefore, 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). Since the present invention involves the development of improved reference electrodes particularly adapted for use in the Governmental space program, for the physiological monitoring of astronauts over extended periods, the Government is not likely to require use of the invention by or for the public-at-large. SECTION 1245.106(b)(3). Although the improved reference electrode of the present invention was designed to overcome the inherent shortcomings of conventional medical electrodes, for application to extended periods of operation required in the physiological monitoring of astronauts engaged in a long-term mission, nevertheless the present electrode would generally appear to be equally applicable, along with the more conventional medical electrodes, for special physical examinations such as electroencephalograms and electrocardiograms. It is recognized that these examinations involve an ever-increasing and significant segment of the population; therefore, it would appear that the invention is directly related to the public health or public welfare. SECTION 1245.106(b)(4). The invention is considered to be in the field of electrochemistry.. In supporting a finding of more than a little significant experience in the field outside of Government-funded work, the Board notes that many private corporations, including Beckman Instruments, A. C. Spark Plug Division of General Motors, and both Dow and Dupont Chemical Corporations, as well as a multitude of others, have acquired significant previous experience in the defined field through company-funded programs. Although the Government is known to have contributed significantly to the development of the field of electrochemistry, it appears not to have been the principal developer thereof. In view of the considerable privately-funded experience and competition in the invention field, and the relatively limited portion of the total field involved in the present invention, it is clear that acquisition of the exclusive rights requested would not confer on the Petitioner a preferred or dominant position. In view of the unfavorable finding under Subsection (b)(3) above, the invention is of a type for which waiver is proscribed under Section 1245.106(b). NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: The Bendix Corporation CONTRACT: P.O. 43299, Awarded under Prime Contract NAS 9-1100 with Grumman Aircraft Engineering Corp. INVENTION: A Linear Actuator and Quadruple Redundant Type Fail Operative Actuation System Section 1245.106, NASA Patent Waiver Regulations (1966)--Government Funding v. Private Funding--Government as Principal Developer of Field--Competition in Field-- Patent Position--Possibility of Preferred or Dominant Position--Waiver as Effective Incentive-Current-Limiting Devices--Load Current Limiter for a Direct Coupled Amplifier-PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, The Bendix Corporation, is a contractor of the National Aeronautics and Space Administration, under P.O. 43299, awarded under subcontract 2-18843 with TRW Systems, Inc., under Prime Contract NAS 9-1100 with Grumman Aircraft Engineering Corp. The petition was made for waiver of title of the United States in an invention entitled "A Linear Actuator and Quadruple Redundant Type Fail Operative Actuation System,' "described in an attachment to the petition. The invention was made by Horace M. Varner, 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 and January 24, 1967. The Board, having duly considered the allegations and claims of the aboveidentified 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 novel linear actuator and quadruple redundant type fail operative actuation system, including four complete servo systems of equal output, to drive a common shaft. It was planned to use this system in the throttle actuator drive assembly for the LEM descent engine. Thus, although it is obvious that this linear actuator could be used in any commercial application requiring operation of a shaft over a wide range, it was intended under the contract only that the shaft actuator of the invention be used in connection with the Governmental space program in a specific rocket engine; therefore, the present invention is unrelated to any Governmental program for creating, developing, or improving such systems for use by the general public. SECTION 1245.106(b)(2). Since the Government's primary concern regarding the present linear actuator would be only in its implementation of the NASA contract under which it was made, to improve operation of the throttle actuator drive assembly for the LEM descent engine, it is apparent that the Government would not issue regulations requiring its use by the general public. SECTION 1245.106(b)(3). The provision of a specific and unique linear actuator system, improved over conventional actuators to permit throttling of the LEM descent engine over a much wider range, clearly has no relation to the field of public health or public welfare. SECTION 1245.106(b)(4). The present invention is considered to be in the field of electromechanical control systems. In supporting a finding that there has been |