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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

PETITIONER: Union Carbide Corporation

CONTRACT:

NASW-1030

--DESCRIPTION: High Temperature Protective Coatings for Refractory Metals

Section 1245.105, NASA Patent Waiver Regulations (1964)--Incidental Commercial Utility--Government Funding v. Private Funding--Scope of Contract Field of Technology-Government as Principal Developer of Field--Competition in Field--Possibility of Preference or Dominance--Technical Competence of Petitioner--Nongovernmental Commercial Position of Petitioner as Related to Contract Field of Technology-- Materials Science--Refractory Metals Oxidation-Resistant Coatings--High Temperature Protective Coatings for Refractory Metals--PETITION DENIED

FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD:

STATEMENT OF FACTS: The Petitioner, Union Carbide Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NASw-1031. 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 February 25, 1966.

Board, having duly considered the allegations and claims of the petition, is unable to make all of the findings under Section 1245.104(a) of the NASA Patent Waiver Regulations (1964), (which is hereby expressly incorporated by reference), as required by Section 1245.105(b), (which is also hereby expressly incorporated by reference), and therefore RECOMMENDS THE DENIAL 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).

SECTION 1245.104(a)(1). The principal purpose of the contract is to study the use of iridium coatings to protect refractory metals against oxidation at elevated temperatures. While the development of an improved protective coating exhibits obvious commercial potential, the present contract contemplates only the improved use of refractory metals in the governmental space program, with no specific intent to develop anything of direct benefit to the public.

SECTION 1245.104(a)(2). The principal
purpose of the contract is to study the
application of improved protective coatings
to refractory metals that offer greater re-
sistance to oxidation at increased tempera-
tures, and is therefore of particular use in
the space
program of the Government,
with no effect on, or relation to, the field
of public health or public welfare.

SECTION 1245.104(a)(3). The present contract is considered to involve the field of science or technology of refractory metals oxidation-resistant coatings. Although Petitioner's reference to the publication of certain technical articles might well be considered to show considerable investigation in the "refractory properties of the platinum metals group," inferentially defined as the contract field by the Petitioner, such articles do not per se indicate the amount of privately-funded experience in said field. It is also apparent that the field defined by the Petitioner is too broad in scope; accordingly, information regarding expenditures in that field would, in any event, appear irrelevant to the present finding.

The present record also indicates that the Petitioner has had some 75 years' experience in the manufacture of industrial carbon and graphite products, giving it much basic knowledge in high-temperature processing and fabrication techniques. The Petitioner notes further its experience for the last eight years in research and development of silicon carbide coatings on graphite. This information, and in particular the last-mentioned item, could have been most

pertinent to a showing of the amount of private experience gained in developing the contract field. However, since no details have been included as to the actual or approximate amount of private monies expended therein, no comparison may be made with Government activity in the contract field, and, indeed, the NASA technical evaluator notes that the contract field has been "substantially entirely developed by the Government." Accordingly, a finding may not be made that significant experience has been achieved in the field outside of Government-funded work.

Finally, although the record appears to indicate the existence of some competition in the general field of materials science by materials producers other than the Petitioner, and although reference is also made to Air Force-sponsored work on the protection of graphite by iridium, which is considered most pertinent to the present contract field, in the absence of more adequate information it remains unclear as to whether significant amounts of experience have indeed been made by competitors of the Petitioner. Lacking such additional information, and particularly in view of the finding that the Government appears to have been the principal developer of the field, it is considered that the Petitioner has not negated a finding that acquisition by it of exclusive rights in the contract might confer on it a preferred or dominant position.

SECTION 1245.104(a)(4). The present contract requires the Petitioner to use its own research and development facilities and personnel, and to furnish the supplies, materials, and equipment necessary in performing the requirements thereunder.

SECTION 1245.104(a)(5). The Petitioner states that the existing knowledge and technology it has achieved in the field of oxidation-resistant coatings is to be used in performing work under the present contract.

SECTION 1245.104(a)(6). The Petitioner appears to have adequately established a showing of technical competence in the contract field, by noting its experience in high-temperature processing and fabrication techniques, as a producer of industrial carbon and graphite products for more than 75 years, and in particular its past eight years in research and development on certain refractory materials such as boron nitride, titanium diboride, cerium monosulfide and other noncarbon materials, and in developing silicon carbon coatings on graphite. The Petitioner further notes that as a result of its recent efforts it has acquired competence in the "area of protective coatings, hot pressing techniques and techniques for testing of such products." Moreover, the Petitioner notes that it is now selling such products; accordingly, it is apparent that the Petitioner not only established its technical competence in the defined contract field, but also has an established nongovernmental commercial position specifically in the area of "protective coatings" to which the field of the present contract, namely, "refractory metals oxidation-resistant coatings," appears directly applicable or related.

has

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 1245.105 of the NASA Patent Waiver Regulations of August 27, 1964, and therefore RECOMMENDS THE DENIAL OF THE PETITION.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

PETITIONER: CONTRACT:

Bolt, Beranek & Newman, Incorporated
NAS 2-2486

DESCRIPTION: Research on Human Attention

Section 1245.105, NASA Patent Waiver Regulations (1964)--Incidental Public Use--Extent of Experience Outside of Government-Funded Work--Definition of Field--Burden of Proof as to Technical Competence--Area of Established Nongovernmental Commercial Position--Research on Human Attention--Auditory and Visual Sensory Systems-

PETITION DENIED

FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD:

STATEMENT OF FACTS: The Petitioner, Bolt, Beranek & Newman, Inc., is a contractor of the National Aeronautics and Space Administration, under Contract NAS 2-2486. 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 April 30, 1965.

The Board, having considered the allegations and claims of the petition, is unable to make all of the findings under Section 1245.104(a) of the NASA Patent Waiver Regulations (1964), 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 present contract has as its primary objective the performance of several experiments pertaining to the auditory and visual sensory systems of man. More particularly, the contract contemplates the validation of a new theory involving the signal-receiving functions of man, and therefore has no purpose to create any products or methods intended for commercial use by the general public or which will be required for such use by Governmental regulations.

SECTION 1245.104(a)(2). Although the contract involves research into new theory relating to the auditory and visual sensory systems of man, which is psycho-physical in nature, and may therefore find eventual use in understanding certain brain functions

and human behavior potentially applicable in the field of medicine, such potential use is considered only incidental, and quite remote from the primary purpose of the contract.

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SECTION 1245.104(a)(3). Although the Petitioner alleges that "very little of the work in the field of science in which these concepts and experiments fall has been funded by the Government," it has not presented sufficient documentation in support of this allegation. In this regard, its statements that the "work of the principal investigator, which led to the development of the theory, was without Government support, as documented by his first publication in this field," and that the "work was rather well-advanced before Government support entered the picture," constitute bare assertions without documentary support. The burden is, of course, on the Petitioner, to sufficiently document any claim favorable to it, when the record is otherwise silent; inadequate documentation has the refore been presented to support a finding regarding the extent of experience gained outside of Government-funded work in the field of technology of the contract, by either the Petitioner or others, or whether or not the Government has been the principal developer of the field, or whether or not acquisition of exclusive rights might confer a preferred or dominant position on the Petitioner.

SECTION 1245.104(a)(4). The present contract actually calls for the Petitioner to perform the work thereunder in its own facilities, and to utilize its own personnel, materials, and supplies.

SECTION 1245.104(a) (5). The present contract relates to research in the auditory and visual sensory systems of man, to test a new scientific theory, and to obtain experimental data and new knowledge in a field that has been under previous investigation.

SECTION 1245.104(a)(6). Petitioner's statement that the "work being performed under this contract is in a field of technology in which Bolt, Beranek & Newman, Incorporated, has substantial technical competence and is an acknowledged authority"

is not concurred in by the NASA technical evaluator; moreover, it constitutes a mere naked allegation without adequate documentation, Nor has Petitioner documented, or, for that matter, even defined the field of technology of the work called for by the contract, in which it has allegedly acquired technical competence. Finally, Petitioner has neither defined the "area" to which the involved field of technology is directly related, nor adequately documented an "established nongovernmental commercial position" in the "area".

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

PETITIONER: Avco Corporation

CONTRACT:
INVENTION:

NAS 3-2593

Chromium Vanadium Brazing Alloys

Section 1245.106, NASA Patent Waiver Regulations (1964)--Incidental Commercial Utility-Extent of Privately-Funded Experience in Field--Government as Principal Developer of Field--Making of Invention as Primary Object of Contract--Patent Position in Field-Possibility of Preference or Dominance--Proportions of Government-Owned and Contractor-Owned Facilities--Nongovernmental Commercial Position in Area Related to Field of Technology--Waiver of Title as Necessary Incentive--Chromium Vanadium Brazing Alloys--Joining Tungsten to Molybdenum--Brazing Techniques--Arc Jet En

gines--PETITION DENIED

FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD:

STATEMENT OF FACTS: The Petitioner, Avco Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 3-2593. The petition was made for waiver of title of the United States in an invention entitled "Chromium Vanadium Brazing Alloys," described in an attachment to the petition. The invention was made by J. Thomas Smith and Donald J. Paul, employees 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 25, 1965.

The Board expressly finds that waiver of title is not proscribed by any of the enumerated paragraphs of Section 1245.106(b) of the NASA Patent Waiver Regulations (1964). The reasons for the Board's findings are stated below.

SECTION 1245.106(b)(1). The invention, a brazing alloy and brazing process for joining tungsten to molybdenum, was made in the performance of work under a Government contract for the development of a 30KW arc jet engine, intended for use in the space program. Inasmuch as the subject invention employs a chromium-vanadium alloy at 1800 degrees C in one-four minutes of argon to achieve a sound joint between tungsten and molybdenum, the invention may find commercial utility in the fabrication of

refractory metal combinations; such utility, however, is incidental to the purpose of the contract.

SECTION 1245.106(b)(2). The brazing alloy and brazing process of the subject invention is employed for joining tungsten to molybdenum for services of several hundred hours at temperatures of about 1500 degrees C. In view of the fact that the invention is employed for highly specialized metal fabrication, it will not be required by governmental regulations for use by the general public.

SECTION 1245.106(b)(3). The invention, which relates to brazing with a 75 cr-25v alloy at 1800 degrees C in 1-4 minutes of argon, has no direct or immediate impact on the public health or public welfare.

SECTION 1245.106(b)(4). The invention is in the field of technology of Brazing. Private industry has acquired vast experience in the development of this technology, as evidence by the many years that brazing techniques such as gas, arc, induction, resistance, furnace, metal tip and hot bath salt have been employed for joining metals. The contractor alleges that it has amassed a wealth of experience in materials fabrication, and that the principal effort of its Aerospace Structures Division is directed to metal fabrication of all types, using all the generally known techniques. In addition, it states that this Structures Division has established a proprietary position in the

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