NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: University of Arizona NASA Grant NsG-458 CONTRACT: Section 1245.106, NASA Patent Waiver Regulations (1964)--Incidental Commercial Utility--Possibility of Government Requirement of Public Use--Government as Principal Developer--Competition in Field--Possibility of Preference or Dominance--Government Funding v. Private Funding-- Portion of Field Covered by Contract--Waiver as Effective Incentive--Space Science-Planetary Atmospheres--Field Ionization Detector for Water Vapor--PETITION GRANTED. FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, University of Arizona, is a contractor of the National Aeronautics and Space Administration, under Contract NASA Grant NSG458. The petition was made for waiver of title of the United States in an invention entitled "Field Ionization Detector for Water Vapor," described in an attachment to the Petition. The invention was made by Stuart A. Hoening, 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 February 25, 1966. The Board, having duly considered the allegations and claims of the above-identified petition, expressly makes the findings required under Section 1245.106, subsections (b) and (c), of the NASA Patent Waiver Regulations (1964). The reasons for the Board's findings are identical with those expressed in Waiver No. W-359. 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. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: CONTRACT: Beckman Instruments, Inc. NAS 2-2554 --DESCRIPTION: Study of Extraterrestrial Microorganisms by Microcalorimetry Section 1245.105, NASA Patent Waiver Regulations (1964)--Government Funding v. Private Funding--Government as Principal Developer of Field--Possibility of Preference or Dominance--Technical Competence of Petitioner--Nongovernmental Commercial Position of Petitioner as Related to Contract Field of Technology--Calorimetry--Study of Extraterrestrial Microorganisms by Microcalorimetry--PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE STATEMENT OF FACTS: The Petitioner, Beckman Instruments, Inc., is a contractor of the National Aeronautics and Space Administration, under Contract NAS 2-2554. 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 June 25, 1965. 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 (1964), (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 indicated 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 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). SECTION 1245.104(a)(1). The present contract requires the study and investigation of the feasibility of detecting extraterrestrial microorganisms by microcalorimetry, the development of optimized microcalorimeter cells, and the use and delivery of the Beckman Model 190 Microcalorimeter in optimized design form to the Government, with no requirement for the development of any end item to be used by the public. INVENTIONS AND CONTRIBUTIONS BOARD: SECTION 1245.104(a)(2). Since the present contract is directed solely to a feasibility study relating to the detection of extraterrestrial microorganisms, it has no known relationship to the health or welfare of the public-at-large. SECTION 1245.104(a)(3). The present contract specifically involves the use of Petitioner's microcalorimeter in determining the feasibility of using this method in detecting extraterrestrial microorganisms, and the contract field of technology is therefore considered to be that of microcalorimetry. In this field, it is generally recognized that substantial development and long experience have been gained through nongovernmentally-financed sources and there has thus been more than little significant experience in the defined field outside of Government-funded work. In view of the above, it is also considered that while the Government is recognized as having made significant contributions in the contract field, the present contract being one example of its efforts in this area, it appears obviously not to be the principal developer of the field. In either event, Petitioner's development of its Model 190 Microcalorimeter, which the technical evaluator notes "is the only microcalorimeter known in this country," and which is to be used by Petitioner in performing work under the contract and which it privately developed, indicates unquestionably significant private contribution to the defined field. The latter statement is considered supported by the record, even though it has been indicated that the Model 190 was based on an instrument developed by the Government. Moreover, even if Petitioner's Model 190 Microcalorimeter is modified, and certain NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: Collins Radio Company CONTRACT: Subcontract M2A43X-406002, Awarded under Prime Contract NAS 9-150 Miniature Single-Pole, Double-Throw Switch Section 1245.106, NASA Patent Waiver Regulations (1964)--Incidental Commercial Utility--Government as Principal Developer of Field--Government Funding v. Private Funding--Alternative Devices as Negating Possibility of Preference or Dominance-Patent Position in Field--Coordinating or Directing Work of Others--Waiver as Effective Incentive--Electrical Switches--Radio Communications Systems--Miniature SinglePole, Double-Throw Switch--PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Collins Radio Company, is a contractor of the National Aeronautics and Space Administration under Subcontract M2A43X406002, awarded under under Prime Contract NAS 9-150. The petition was made for waiver of title of the United States in an invention entitled "Miniature Single-Pole, Double-Throw Switch," described in an attachment to the petition. The invention was made by Leo R. Dalous, 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 Administo. 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 are stated below, corresponding in each case to the respective criterion set forth in each subsection. SECTION 1245.106(b)(1). The invention, a miniature single-pole, double-throw electric switch, was made in the performance of work under a Government contract for the development of a communications and data subsystem for the Apollo Space Program. Although the invention may have commercial utility where a two-way electric switch is needed, such commercial use is incidental to the Government effort to develop a space communications system for the Apollo Spacecraft. According, the invention is not directly related to a governmental program for creating, developing, or improving products, or methods for use by the general public at home or abroad. SECTION 1245.106(b)(2). The invention, a two-way electrical switch, was made in the performance of work for a communications and data subsystem for the Apollo Space Program. The invention will serve wherever a two-way electrical switch is needed, and is of a type that is already commercially available; therefore, it will not be required for use by the general public by governmental regulations. SECTION 1245.106(b)(3). The invention, a two-way electrical switch, 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 electrical switches. The electrical-switch art is highly developed, and it is common knowledge that such devices have extensive commercial and industrial applications. Private industry has thus acquired considerable and significant experience in the development of this field outside of work funded by the Government. The Government has not been the principal developer of the field. Inasmuch as there are several commercially available electrical switches that perform the same function as the device of the present invention, the acquisition of exclusive rights would not confer a preferred or dominant position on the contractor. |