field of fluxless brazing of refractory honeycomb structures. Although the subject invention is directed to a highly specialized brazing technique of joining tungsten and molybdenum, at least two other processes for joining these metals are disclosed in the prior art. In view of the fact that this invention is in a field of technology that includes many techniques and processes for joining metals, and moreover, inasmuch as there are alternative processes for joining tungsten and molybdenum, the acquisition of exclusive rights to this invention would not confer a preferred or dominant position on the contractor.

However, the Board further expressly finds that although the contract satisfies the requirements of Section 1245.106(b), it does not meet the criteria of Section 1245.106 (c)(2)(i) and (ii), (which is hereby expressly incorporated by reference), which Section encompasses the criteria of Section 1245. 104(a), subsections (1) through (4), (which are also hereby expressly incorporated by reference). Although some of the criteria of the latter Section are satisfied by the contract, others are not; however, this defect would not be fatal to the petition if the conditions precedent of Section 1245.106(c)(2) (i) and (ii) were met, but such is not the case. The reasons for the Board's findings are stated below, corresponding in each instance to the respective criterion set forth in each subsection.

SECTION 1245.104(a)(1). A principal purpose of the contract is to conduct a program of analytical and experimental studies directed toward the development of an optimum design 30KW arc jet engine for use by NASA in the space program. This engine is intended for highly specialized missions in space, and will therefore not be required for public use by governmental regulations.

SECTION 1245.104(a)(2). The development effort to improve and increase the durability, reliability, and efficiency of a 30KW arc jet engine does not produce a product whose use has a direct or immediate impact on the public health or public welfare. SECTION 1245.104(a)(3). The contract is in the field of technology of arc jet engines; inasmuch as the primary application of the arc jet engine is in the space program, it is evident that most of the experience in

this field has been acquired through Government-funded research and development efforts. It is also evident that at the time of contracting, the Government was principal developer of this field. It has not been shown that anyone in private industry has acquired a patent position in this field; consequently, the acquisition of exclusive rights at the time of contracting might confer a preferred or dominant position on the contractor.

SECTION 1245.104(a)(4). The contractor is required to furnish the necessary personnel, equipment, materials, and facilities to perform the work under the contract. Although tests and evaluation of the arc jet engine to be developed under the contract will be conducted in a Government-owned facility, the contractor is to supply the time and services of the personnel necessary to operate the engine and experimental equipment, and to evaluate, analyze, and report test data. The contract does not require the services of the contractor for coordinating or directing the work of others.

SECTION 1245.106(c)(2)(i). The invention relates to a brazing alloy and process for joining tungsten and molybdenum. Since the contract provides for fabrication, research and development, and investigation of brazing techniques for joining tungsten and molybdenum, as well as other refractory metals, the making of the invention was a primary object of the contract.

ma

SECTION 1245.106(c)(2)(ii). The contractor alleges that it has an established proprietary position in the field of fluxless brazing of refractory honeycomb structures, and that a principal effort of its structures Division is directed toward fabrication for both Governmental and commercial markets; it further asserts that it has commercial markets abroad for materials and terials processing. These allegations tend to show that the contractor has acquired the capability to manufacture and market products in fields directly related to the field of brazing; however, such capability alone does not establish that waiver of title is a necessary incentive to call forth private risk capital and expense to bring the invention to the point of practical application. The contractor did not show that private risk capital and expense have been called forth, or that funds have been allocated, for the for the further development and

commercial exploitation of the invention, or that without acquisition of rights no further development and commercial exploitation will be undertaken, whereas with acquisition of title it would do all that is necessary to work and commercially exploit the invention so that its benefits would be made reasonably accessible to the public.

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 waving title under Section 1245.106 of the NASA Patent Waiver Regulations of August 27, 1964, and therefore RECOMMENDS THE DENIAL OF THE PETITION.

PETITIONER: General Electric Company

CONTRACT: INVENTION:

NAS 8-2442

STATEMENT OF FACTS: The Petitioner, General Electric Company, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 8-2442. The petition was made for waiver of title of the United States in an invention entitled "Improved Insulation Means for High Voltage Transmission," described in an attachment to the petition. The invention was made by K. N. Mathes, 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 June 25, 1965. 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 (1964), (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

stated below, corresponding in each case to the respective criterion set forth in each subsection.

SECTION 1245.106(b)(1). The present invention is related to a Government program for developing dielectric coatings for conductors, solely for use at cryogenic temperatures and in launch vehicle operations, particularly at the launch pad itself.

SECTION 1245.106(b)(2). Since the present invention involves development of dielectric

materials intended for use only in the Government's space program, no governmental regulations have been issued, nor is it foreseeable that any will be issued, requiring public use of the invention.

SECTION 1245.106(b)(3). The improved insulation means of the invention was designed to increase the breakdown voltage of highvoltage equipment, and, as such, obviously has no direct relation to the public health or public welfare.

SECTION 1245.106(b)(4). Petitioner's extensive experience, noted in the petition and concurred in by the NASA technical evaluator, in the private investigation of electrical insulation and dielectric materials, (the latter constituting the field of technology of the invention), provides support for a finding that there has been not little significant experience in the field outside of work funded by the Government. Moreover, it is likewise apparent that the Government has not been the principal developer of the field, in view of the Petitioner's indication of both its own activity and that of many other companies engaged in the same or related fields. The above-noted activities provide industrial competition, clearly negating any finding that acquisition of exclusive rights in the invention would confer preference or dominance on Petitioner over other competitive businesses.

The Board further expressly finds that the contract meets the criteria of Section 1245.106(c)(1), (which is hereby expressly incorporated by reference), which Section encompasses the criteria of Section

1245.104(a), subsections (1) through (4), (which are also hereby expressly incorporated by reference). The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection.

SECTION 1245.104(a)(1). The purpose of the present contract was to develop dielectric coatings suitable for coating wires to be used in control circuits of launch vehicles under cryogenic temperatures; accordingly, the sole purpose was to acquire an end product for use in the NASA space program.

SECTION 1245.104(a)(2). The purpose of the present contract is to develop an improved dielectric coating suitable for use at the cryogenic temperatures approaching 20 degrees K involved with the advanced, liquid hydrogen-liquid oxygen launch vehicle; therefore, health or welfare is not specifically involved.

SECTION 1245.104(a)(3). Although the present contract involves the development of a dielectric coating material for use at cryogenic temperatures, the pertinent contract field of technology is not considered limited thereto, but rather is dielectric coating materials generally, and in this field Petitioner has indicated its own considerable and presently continuing efforts of many years' duration, in view of which it is apparent that significant private experience has been gained in the aforementioned contract field. This finding is further supported by information presented in the petition that indicates annual expenditures by Petitioner in the research and development of improved electrical insulation and dielectric materials of between $2 million and $3 million for a number of years. Thus, in view of this

indication of considerable activity by the Petitioner itself (affirmed by the technical evaluator), as well as that by many other companies, it is apparent that there is competition in the defined and related fields, precluding the possibility that the Petitioner would dominate the industry through the acquisition of exclusive rights. It is likewise apparent that the record does not support a finding that the defined field has been principally supported by the Government.

SECTION 1245.104(a)(4). The contract requires the contractor itself to provide the necessary engineering facilities and research services for its performance. Moreover, the Board expressly finds, as required by Section 1245.106(c)(1), that in view of the potentially wide use offered by the invention in the insulation of superconductive power transmission materials, its largely undeveloped state (although theoretically workable), and Petitioner's recognized capability further to develop and market the invention (as is evidenced by its present and continued assignment of about 100 full-time skilled technicians, engineers, and scientists to develop improved electrical insulation and dielectric materials), and Petitioner's indication of its commercial engagement in the field, waiver of title would be an effective incentive to bring the invention to the point of practical application at the earliest practicable date.

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 August 27, 1964, and therefore RECOMMENDS THE GRANT OF THE PETITION.