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polyurethane foam products existing in an obviously highly active market, and, moreover, since the present invention is still in the unproved test-tube or laboratory stage, it is considered that acquisition of exclusive rights in this invention would not confer a preferred or dominant position on the Petitioner.

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 indicates that these plans and intentions consist of further research to develop optimum conditions, and to arrive at the most useful formulations. In this regard, it is stated

that the Petitioner itself might practice the invention, but that its parent company, or its other subsidiaries, being in a better position to do so, would probably take over the invention process. Moreover, the Petitioner also states that it has an established licensing program, and would license the invention, if neither the Petitioner nor its parent company and its other subsidiaries decide to commercialize it.

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: Sylvania Electronic Products, Inc./Sylvania Electronic Systems
CONTRACT: NAS 5-9533

INVENTION: Balanced Modulator

Section 1245.106, NASA Patent Waiver Regulations (1966)--Incidental or Direct Commercial Utility--Government Funding v. Private Funding--Government as Principal Developer of Field--Competition in Field-- Possibility of Preference or Dominance-- Patent Position in Field--Electromagnetic Wave Communications--Balanced Modulator--PETITION DENIED

FINDINGS AND RECOMMENDATION OF THE STATEMENT OF FACTS: The Petitioner, Sylvania Electronic Products, Inc./ Sylvania Electronic Systems, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 5-9533. The petition was made for waiver of title of the United States in an invention entitled "Balanced Modulator," described in an attachment to the petition. The invention was made by Ernest D. Brigham, Donald J. Sommers, and Rodney Stickney, employees 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 December 7, 1966 and January 24, 1967.

The Board, having duly considered the allegations and claims of the above-identified petition, is unable to make all of the findings under Section 1245.106(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 comprises a balanced modulator, which was developed specifically for use in a transportable Communication Ground Terminal for the Applications Technology Satellites (ATS). It is to be employed to phase modulate the tracking azimuth error signal, the tracking elevation error signal, and the polarization null sensing signal. The invention may find use in conjunction with

INVENTIONS AND CONTRIBUTIONS BOARD: ground-station subsystems for a commercial communications satellite network. The transportable Communication Ground Terminal in which the invention is to be employed is being developed for the ATS project for use in NASA's R&D program for developing the technological and engineering base for the construction of worldwide operational satellite communications systems. Since the objectives of this program of NASA look to such advanced applications as, for example, direct broadcast of radio and television from satellite to home receiver, civil air navigation, air traffic control, and global data relay, the Board finds that the invention is directly related to a Governmental program to create or develop products or processes for use by the general public at home or abroad.

SECTION 1245.106(b)(2). The invention may find use in ground stations for a commercial communications satellite network; however, there are no known Governmental regulations that require public use of the invention, and it is not foreseeable that any such regulations will be promulgated.

SECTION 1245.106(b)(3). The balanced modulator of the subject invention is employed to phase modulate the tracking azimuth error signal in a communications system, and has no direct relation to the public health or public welfare.

SECTION 1245.106(b)(4). The field of science or technology of the invention is considered to be electromagnetic wave communications, a field in which there has been significant experience outside of

work funded by the Government. Historically, the Government has not been the principal developer of this field, as is evidenced by contributions to the field of radio and television communications by such individuals as Bell, Marconi, Fessenden, DeForest, Langmuir, and Armstrong. Today many companies are engaged in active competition in this field of technology, expending many millions of dollars of private funds each year; such companies include American Telephone & Telegraph,

GE, Westinghouse, RCA, the Marconi Company, and National Electric Signaling Company. These companies and others have acquired many patents in the field, which would appear to preclude dominance by any one concern. Thus, although the Government has contributed generously to the field, there has been significant experience acquired outside of work funded by the Government, and the principal developer of the field has been private industry, rather than the Government.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

PETITIONER: Sylvania Electronic Products, Inc./Sylvania Electronic Systems

CONTRACT:

NAS 5-9533

INVENTION: Time Multiplexing of Antenna Position and Polarization Signals for Processing by a Single

Signal Channel

Section 1245.106, NASA Patent Waiver Regulations (1966)-- Incidental or Direct Commercial Utility--Government Funding v. Private Funding--Government as Principal Developer of Field--Competition in Field-- Possibility of Preference or Dominance-Patent Position in Field--Electromagnetic Wave Communications--Time Multiplexing of Antenna Position and Polarization Signals for Processing by a Single Signal Channel-PETITION DENIED

FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD:

STATEMENT OF FACTS: The Petitioner, Sylvania Electronic Products, Inc./Sylvania Electronic Systems, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 5-9533. The petition was made for waiver of title of the United States in an invention entitled "Time Multiplexing of Antenna Position and Polarization Signals for Processing by a Single Signal Channel," described in an attachment to the petition. The invention was made by Ronald Stickney, 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 December 7, 1966 and January 24, 1967.

The Board, having duly considered the allegations and claims of the above-identified petition, is unable to make all of the findings under Section 1245.106(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 antenna tracking and receiving system, in which tracking error signals and polarization null-sensing signals are processed in a single channel, to eliminate amplitude and phase error caused by dif

ferent operating characteristics of multiple channels. It was developed specifically for use in a transportable Communication Ground Terminal for the Applications Technology Satellites (ATS). The invention may find use in conjunction with ground station subsystems for a commercial communications satellite network; it may also have general utility for satellite- and aircrafttracking, and in monopulse radar systems. The transportable Communication Ground Terminal in which the invention is to be employed is being developed for the ATS project for use in NASA's program for developing the technological and engineering base for the construction of worldwide operational satellite communication systems. Since the objectives of this program of NASA look to such advanced applications, for example, as direct broadcast of radio and television from satellite to home receiver, civil air navigation, air traffic control, and global data relay, the Board finds that the invention is directly related to a Governmental program to create or develop products or processes for use by the general public.

SECTION 1245,106(b)(2). The invention may find use in ground stations for a commercial communications satellite network; however, there are no known Governmental regulations which require the public use of this invention, and it is not foreseeable that any such regulations will be promulgated.

SECTION 1245.106(b)(3). The invention relates to an antenna tracking and receiving

system, and has no direct relation to the public health or public welfare.

SECTION 1245,106(b)(4). The field of science or technology of the invention is considered to be electromagnetic wave communications, a field in which there has been significant experience outside of work funded by the Government. Historically, the Government has not been the principal developer of this field, as is evidenced by contributions in the field of radio and television communications by such individuals as Bell, Marconi, Fessenden, De Forest, Langmuir, and Armstrong. Today many companies are engaged

in active competition in this field of technology, expending many millions of dollars of private funds each year; such companies include AT&T, GE, Westinghouse, RCA, the Marconi Company, and National Electric Signaling Company. These companies and others have acquired many patents in this field, which would appear to preclude dominance by any one concern. Thus, although the Government has contributed generously to the field, there has been significant experience acquired outside of work funded by the Government, and the principal developer has been private industry, rather than the Government.

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