a satellite in earth orbit and receive communications therefrom under adverse noise conditions. Although the invention could possibly have an incidental application in navigation systems, such as aircraftcollision avoidance and ground-controlapproach systems, is is actually intended for use by the Government in its space program, and is not directly related to the public health or public welfare. SECTION 1245.106(b)(4). The field of technology of the invention is electronic tracking receivers. This is a field in which there has been significant experience outside of work funded by the Government. In this field many private companies are engaged in active competition; a partial listing would include Westinghouse, Hughes Aircraft Co., Sperry Rand, BTL, RCA, GE, General Dynamics, North American Aviation, and TRW, Inc. Petitioner has also submitted a list of over 50 patents granted in this field; although some have been issued to the Government, the great majority are held by various private corporations. Such diverse patent holding would appear to preclude dominance in this field by any one concern. Additionally, Petitioner has stated that in recent years several million dollars of company funds has been expended to establish a position in satellite communications systems. Such funding has resulted in the construction of a fixed communications terminal at Nutley, New Jersey, and in the manufacture of a transportable satellite communications terminal. These facilities employ the tracking receiver of the instant invention. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: Litton Systems, Inc. CONTRACT: NAS 9-1278 Section 1245.106, NASA Patent Waiver Regulations (1966)-- Incidental Commercial Utility-Government Funding v. Private Funding--Government as Principal Developer of Field-Competition in Field-- Patent Position-- Possibility of Preference or Dominance--Waiver Effective Incentive-- Flexible Pressurized Conduits and Joints--Shoulder Joint-PETITION DENIED as FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Litton Systems, Inc., is a contractor of the National Aeronautics and Space Administration, under Contract NAS 9-1278. The petition was made for waiver of title of the United States in an invention entitled "Shoulder Joint," described in an attachment to the petition. The invention was made by Kenneth H. Lambson, 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. 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 (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). This invention relates to an improved joint for a pressurized space suit, which, although it may have commercial potential, is specifically designed for incorporation in a "space" suit for astronauts on missions in furtherance of the Government's space program. The invention was not intended to be developed as an end item for use by the general public, and no other Governmental program is known to be in existence for the develop ment of such products for use by the public. SECTION 1245.106(b)(2). Since the present invention was specifically designed for limited use by a small number of astronauts on a space mission, it is considered unlikely that the Government will issue regulations requiring its use by the general public. SECTION 1245.106(b)(3). The joint of this invention was specifically designed for incorporation in a "hard" type pressure suit for possible use by astronauts on space missions. The invention, therefore, does not concern members of the general public, and has no apparent relationship to the public health and welfare. SECTION 1245.106(b)(4). The invention is a hollow flexible joint for providing flexible connection between pressurized conduits, despite a pressure differential between the internal pressure of the joint and the external pressure. It is therefore considered to be in the field of science or technology relating to "flexible pressurized conduits and joints." Petitioner has a patent position in this field, and has pioneered in the application of this field of endeavor to constantvolume, rigid, articulated space suits. Some patents belonging to Petitioner in this area are U.S. Patent Nos. 2,865,403; 2,917,987; 2,894,535; and 2,886,066. Other nongovernmental patents relating to pressurized suits belonging to competitors of Petitioner are U.S. Patent Nos. 2,954,562; 2,966, 155; and 3,081,459. Thus, there has been more than a little significant experience in the field outside of Government-funded work, and when considering the scope of the field, which covers such areas as pressurized transmission lines and the like, the fact seems established that the Government is not the principal developer of the field. Furthermore, Petitioner points out what is generally known, that there are numerous highly qualified competitors in the United States, and hundreds of smaller qualified suppliers in the general field of science and technology relating to pressurized flexible conduits and joints. In view of the relatively advanced state of the art, and of the highly competitive nature of the field, it is unlikely that the acquisition of exclusive rights to the invention would confer on the Petitioner a preferred or dominant position. However, the Board further expressly finds that, although waiver of title is not proscribed by Section 1245.106(b), it is precluded by the Petitioner's failure to meet the requirements of Section 1245.106(c), since the Petitioner has not shown that waiver of title would be an effective incentive to bring the invention to the point of practical application at the earliest practicable date. In this connection, it is recognized that the novel joint of the invention would require considerable development work before it could be incorporated into such pressurized flexible conduits as transmission lines for liquids or gases, and into "soft" pressure suits, where commercial utility is more apparent. However, although the Petitioner is considered to have clear capability to develop the invention further, by virtue of its known technical competence, its research efforts in the invention field, and the broad scope of its marketing activities, it has not indicated any specific plans or intentions to develop the invention if its request for waiver of title should be granted. In this regard, the Petitioner's statement that it would rather concentrate its talents and development dollars on those inventions in which it has a proprietary interest is not considered adequate to meet the effective-incentive requirement of this subsection of the Waiver Regulations. On the basis of all the above-enumerated findings, the Inventions and Contributions Board concludes that the best interests of the United States would not be served by waiving title under Section 1245.106 of the NASA Patent Waiver Regulations of June 1, 1966, and therefore RECOMMENDS THE DENIAL OF THE PETITION. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: AiResearch Manufacturing Co., Division of the Garrett Corp. NAS 1-4859 CONTRACT: Section 1245.105, NASA Patent Waiver Regulations (1966)-- Possibility of Government STATEMENT OF FACTS: The Petitioner, AiResearch Mfg. Co., a Division of the Garrett Corp., is a contractor of the National Aeronautics and Space Administration, under Contract NAS 1-4859. The 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, and was considered by the Inventions and Contributions Board on December 7, 1966. The Board, having duly considered the allegations and claims of the above-identified petition, expressly makes the findings under Section 1245.104(a) of the NASA Patent Waiver Regulations (1966), (which Section, in its entirety, is hereby expressly incorporated by reference), as required by Section 1245.105(b); concludes that (1) the Petitioner fully satisfies each of the criteria specifically enumerated by firstmentioned Section as a condition; that (2) the interests of the United States would best be served by waiving title under Section 1245.105 of the cited Regulations, and the refore 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 present contract has as its primary object the study of three areas regarding a variable-pitch supersonic inflow compressor. The first of these is to determine aerodynamic performance by analysis and definitive two-dimensional cascade tests, the potential compressor, aerodynamic performance conditions simulating a range of flight Mach numbers from take-off to ramjet takeover (Mach 3 or greater). The second is to demonstrate the structural integrity of the compressor through analysis and swirl pit test of the typical flight-weight compressor blade, shank, retainer, and bearings necessary to permit flight-angle variation. The third is to demonstrate blade-cooling through analysis and two-dimensional cascade tests in the high-temperature environment associated with hypersonic flight. Since an engine incorporating such a compres sor is believed to be as far as 10-to-20 years in the future, and, moreover, is not associated with any commercially-oriented hypersonic air transport program of the Government, it can be said that it is not a principal purpose of the contract 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). The purpose of the contract is to study the variable-pitch compressor that might be utilized in an engine capable of high performance in the atmosphere as a turbojet or ramjet. Therefore, it is believed clear that the results of the contract would not be utilized to explore fields that directly concern or relate to the public health or public welfare. SECTION 1245.104(a)(3). The present contract is considered to be in the field of variable-flow axial compressors. Since the Petitioner itself has produced over 60,000 compressors of various types, which must have included work in the three main areas of the contract study, and other companies, such as Curtiss-Wright, General Electric, Westinghouse, and Pratt & Whitney, are considered to have made considerable contribution to private developments in the defined contract field, by virtue of their work in jet and rocket propulsion, as well as in allied arts, the Board accordingly recognizes that the present contract is in a field in which there has been more than a little significant experience outside of work funded by the Government. Therefore, although the Government's contribution to the contract field has undoubtedly been considerable, nevertheless, the quite significant competition recognized in the present field would appear clearly to negate any finding that acquisition of exclusive rights would place the Petitioner in a preferred or dominant position. Thus, a favorable finding may be made under this subsection. SECTION 1245.104(a)(4). Although the Petitioner is required to use certain test facilities owned by the Government, it nevertheless has no management or control of any Government-owned facility per se, and therefore the present contract is not for the services of the 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 Petitioner's general background and experience in the testing of solid compressor blades, and its work on heat exchangers that may be applicable to the cooling of compressor blades, as well as the specific experience gained by the Petitioner in the design of a variablepitch supersonic compressor, collectively constitutes considerable prior knowledge or technology upon which new information, products, or processes may be developed for use by the Government. SECTION 1245.104(a)(6). The Petitioner's extensive experience, for example, in the design and fabrication of a variable-pitch supersonic compressor, its design, testing and/or building of blade-actuating mechanisms, its work on hydrogen propulsion and blade-cooling by use of hydrogen, and its experience gained from work on a variety of compressors, clearly constitute significant technical competence, both in the defined contract field and in other fields included therein or related thereto. Moreover, the Petitioner's production of some 60,000 compressors of various types, its production of more than 19,000 gas turbines since 1945, and its building of numerous variablepitch ram air turbines provides clear support for a finding of an established nongovernmental commercial position in these areas, which involve many fields of technology both directly in, directly related to, and in common with, the defined field. some |