PETITIONER: Honeywell, Inc.

Control Apparatus

STATEMENT OF FACTS: The Petitioner, Honeywell, Inc., is a Subcontractor of the National Aeronautics and Space Administration, under P.O. M2H43X-406004, awarded under Prime Contract NAS 9-150 with North American Aviation, Inc. The petition was made for waiver of title of the United States in an invention entitled "Control Apparatus," described in an attachment to the petition. The invention was made by Michael M. E. Vanschoiack, 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 January 24, 1967.

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). The invention is an electronic test instrument that measures high impedances. The instrument is intended to test for a minimum insulation resistance between circuits that are required to be isolated in Apollo equipment

for the exploration of space. Since it is intended for use in the Government's space program, it is apparent that it does not relate to any Government programs for developing products or methods for use by the general public.

SECTION 1245.106(b)(2). Since the invention is intended as a test instrument for testing electronic equipment designed for the Apollo program, it appears obvious that it will not be required by Governmental regulations for use by the general public.

SECTION 1245.106(b)(3). The invention relates to an electronic test instrument that is potentially useful in many electronic applications. Although such a product might find use in the designing of medical equipment and facilities, the invention has no apparent direct relation to the public health or public welfare.

SECTION 1245.106(b)(4). The invention, which is directed to an instrument for measuring high impedances, is in the field of electronic test instruments. It is generally acknowledged that the Petitioner and numerous other companies, both domestic and foreign, have long been active in this field. In this regard, the Petitioner has submitted a lengthy list of its patents relating to electrical test instruments that are illustrative of its considerable experience and development work in the field. Petitioner has also presented in appendices C and D a list of patents owned by Honeywell, Inc., which relate to test instruments, and numerous sales brochures, engineering data sheets, and catalogues of Honeywell, Inc. and other companies that also relate to

test instruments. This compilation of documentation adequately supports what is generally acknowledged: that there has been considerable significant experience in the field of the invention outside of work funded by the Government, and that the Government has not been the principal developer of the field. Furthermore, the great number of competitiors that are active in the field indicates that Petitioner would not attain a preferred or dominant position from the acquisition of exclusive rights to the subject invention, which relates to only a small part of the field.

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),

in that it has failed to express in its petition any plans and intentions to bring the invention to the point of practical application at the earliest practicable date. Petitioner has filed an application for patent on the invention; however, in view of the absence of any stated definite plans on its part to bring the invention to the point of practical application, waiver of title is not found to be an effective incentive to develop it at the earliest practicable date.

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.

PETITIONER: CONTRACT:

Pan Aura Corporation NAS 4-1084

STATEMENT OF FACTS: The Petitioner, PanAura Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 4-1084. 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 aboveidentified contract, and was considered by the Inventions and Contributions Board on March 28, 1967.

The Board, having duly considered the alle gations 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 the first-mentioned Section as a condition; that (2) the interests of the United States would best be served by waiving title title under Section 1245.105 of the cited Regulations, and therefore 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). A principal purpose of the contract is to improve the decay time, and hence the performance, of translucent evaporated film phosphors on cathode ray tube screens particularly intended for use in a flying spot scanner. In order to reproduce film strips of the terrain surrounding a given area (such as Edwards Air Force

Base), it is desired to use a multicolor flying spot scanner for reading the film. strip and generating a signal suitable for reproduction on a TV display tube presentation. Such a system requires a phosphor having a much faster decay time in the flying spot scanner tube than is required for existing commercial TV display tubes. It is the principal purpose of this contract to improve existing translucent evaporated film phosphors by improving the decay time, to make them suitable for use in this specialized NASA application. Hence, the commercial applications of this research are incidental to and do not comprise the principal purpose of the contract.

SECTION 1245.104(a)(2). As noted above, a principal purpose of the contract is to develop rapid-decay-time evaporated film phosphors. The work to be performed under the contract does not concern the public health, safety, or security.

SECTION 1245.104(a)(3). The field of technology involved in this contract relates to cathode ray tubes. The contractor and several large TV companies, particularly RCA, GE, Sylvania, and Westinghouse, are active in this field, which has been developed primarily by private funds expended by the contractor and others in this country and abroad. The contract, therefore, is not in a field in which the government has been the principal developer, with respect to which the acquisition of exclusive rights might confer on Contractor a preferred position.

SECTION 1245.104(a)(4). The contractor is required to furnish the necessary personnel, materials, facilities, and equipment to conduct the R&D of this particular phosphor.