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submitted a partial list of such companies. This activity of many companies in the invention field is held to indicate the existence of considerable competition, which would counter any otherwise dominant or preferred position the Petitioner might achieve from the acquisition of title in the invention, and is also considered to negate any finding that the defined invention field has been principally developed by the Government.

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 principal purpose of the contract was to develop and construct two prototype alkali vapor resonance magnetometers for space application, and there was no intent by the Government to place the invention in commercial use, or to make it available to the general public.

SECTION 1245.104(a)(2). The principal purpose of the contract relates to the measurement of the strength of magnetic fields, making it of importance in adaptation to space application, as well as in the exploration of ore deposits, for example, and as such is not concerned with public health or public welfare.

SECTION 1245,104(a)(3). Although the Government has certainly aided in the development of improved magnetic field measuring instruments, considered to be the field of the contract as well as of the invention, significant contributions have been made by industrial users. The Petitioner itself has developed considerable experience in this field, and has significantly contributed thereto outside of work funded by the Government. For example, as stated in the petition, the Petitioner "has contributed substantially to the advance of the optical

pumping and optical transmission monitoring art as a result of its own investment and research and development programs." Since certain magnetometers, including in particular the present invention, use optical pumping and optical transmission techniques (considered as included within the defined field), it is apparent that the invention field has been developed through significant privately-financed sources, and not chiefly by the Government, and Petitioner would therefore not achieve dominance or preference merely through acquiring exclusive rights.

SECTION 1245.104(a) (4). The pertinent provisions of the contract clearly indicate a requirement that the Petitioner was to use its own personnel and facilities in the performance of the contract.

Moreover, the Board expressly finds, as required by Section 1245.106(c)(1), that in view of the patent holdings of Petitioner and its extensive experience and line of business in fields incorporating the field of technology of the invention, plus its clear capability to market the invention, if this should prove ultimately feasible, waiver would be an effective incentive to bring the invention to the point of practical application at the earliest practicable date. While Petitioner indicates that this has already been accomplished, it is considered that, for the purposes of the waiver regulations, the definition of "point of practical application" must, of necessity, include all the expense required by the contractor in preparing the invention for the market place and, as stated by the Petitioner, waiver would be considered as encouragement for Petitioner "to expend additional funds so that the magnetometer will be capable of further competing with those already in the consumer market place".

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: Varian Associates

CONTRACT:
INVENTION:

NOnr 2611 (00)

Optical Magnetometers

Section 1245.106, NASA Patent Waiver Regulations (1964)--Direct Relation to Government Program for Public Use--Identification of Relevant Field of Technology--Scope of Evidence Admitted--Comparative Experience Attributable to Privately-Funded and GovernmentFunded Work--Possibility of Preferred or Dominant Position--Government as Principal Developer--Technical Competence of Contractor--Effective Incentive--Point of Practical Application--Optical Magnetometers--Magnetic Field Measuring Instruments--PETITION

GRANTED

tion of subterranean deposits; plotting of magnetic fields and gradients; and the like. It appears self-evident from a review of the pertinent NASA contract, to which the invention is directly related, that the invention was not developed for use by the general public.

FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Varian Associates, is a contractor of the National Aeronautics and Space Administration, under Contract NOnr 2611(00). The petition was made for waiver of title of the United States in an invention entitled "Optical Magnetometers," described in an attachment to the petition. The invention was made by William E. Bell and Arnold L. Bloom, 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 February 24, 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 relates to an improved alkali vapor resonance magnetometer in which the heading error and hemisphere effect are reduced, and which is utilizable both in satellites, to measure weak magnetic fields in outer space and in airborne geophysical surveys; detec

SECTION 1245.106(b)(2). No governmental regulations have been issued requiring the invention to be placed in use for the general public.

SECTION 1245.106(b)(3). The invention is not considered to be directly related to the public health or public welfare, since, obviously, alkali vapor resonance magnetometers are not considered as employed for the public use, but instead are of particular use in such areas as exploration and magnetic field measurement.

SECTION 1245.106(b)(4). Although indicating a general line of business to which the invention is directed as "quantum electronic instruments," and although further contending that it is a pioneer and leader in this field, with a number of exhibits to support these statements, the Petitioner's apparent definition of the field of technology of the invention as "quantum electronics" is not considered sufficiently specific. A more accurate definition of the field of technology of the invention is considered to be "magnetic field measuring instruments". Thus, only that portion of Petitioner's evidence that can be related to the cited more accurate definition may be considered.

While Petitioner itself has not submitted sufficient information tending to show that

there has been not little significant experience outside of work funded by the Government, the NASA technical evaluator nevertheless supports such a finding by stating that many companies are engaged in the field of magnetic field measuring instruments, and has presented a partial list of such companies. From the foregoing, it is held that there is considerable competition in the invention field, and that this would counter any otherwise dominant or preferred position the Petitioner might achieve from the acquisition of title in the invention.

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 principal purpose of the contract was to develop and construct two prototype alkali vapor resonance magnetometers for space application, without intent to place the invention in commercial use, or to make it available to the general public.

SECTION 1245.104(a)(2). Both the contract and the invention are concerned primarily with the measurement of weak magnetic fields in outer space, and are therefore not concerned with the public health or welfare.

SECTION 1245.104(a)(3). While the Government has certainly given important assistance in the development of magnetic field measurement or measuring instruments, considered to be the field of the contract, as well as of the invention, important and significant contributions have been made by industry. However, the Petitioner has had

extensive experience in this field, and has made substantial contributions thereto through expenditure of its funds in advances in optical pumping and optical transmission monitoring, both of which are utilized with the present magnetometer. Accordingly, it follows that the Petitioner would not achieve dominance or preference merely through acquiring exclusive rights.

SECTION 1245.104(a) (4). The pertinent provisions of the contract clearly indicate a requirement that the Petitioner was to use its own personnel and facilities in the performance thereof.

Moreover, the Board expressly finds, as required by Section 1245.106(c)(1), that waiver would be an effective incentive to bring the invention to the point of practical application at the earliest practicable date. Although the Petitioner itself claims that it has already brought the invention to the "point of practical application," it is nevertheless considered that this term includes a requirement for a considerable expenditure of funds to ready the invention for the market place. Thus, in view of the Petitioner's evident capability to further develop the invention, as supported by its previously-noted experience, know-how and line of business in fields related to the defined invention field, and its expressed willingness, should waiver be granted, to expend the additional funds to enable the invention, in effect, to compete with similar devices already in the consumer market, the effective incentive requirement of this finding appears well-established.

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

United Aircraft Corporation

PETITIONER: CONTRACT:

NAS 9-723

INVENTION: Heat Transfer Garment

Section 1245.106, NASA Patent Waiver Regulations (1964)--Incidental Commercial Potential--Government Funding v. Private Funding--Patent Position of Petitioner-Foreign Government Activity--Competitive Nature of Field-- Possibility of Preferred or Dominant Position--Government as Principal Developer of Field--Waiver as Effective Incentive--Heat Transfer Garment--Protective Garments--PETITION GRANTED

FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD:

STATEMENT OF FACTS: The Petitioner, United Aircraft Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 9-723. The petition was made for waiver of title of the United States in an invention entitled "Heat Transfer Garment," described in an attachment to the petition. The invention

made by David Carl Jennings, 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 March 30, 1965.

The Board, having duly considered the allegations and claims of the aboveidentified 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 instance to the respective criterion set forth in each subsection.

SECTION 1245.106(b)(1). The present invention relates to an improved liquid-cooled undergarment, which, although certainly exhibiting some commercial potential, was specifically designed for use with the Apollo Space Suit assembly to protect a relatively few astronauts and other space crew members in accomplishing the primary purpose of a NASA contract. Since no other governmental program is known to exist to develop

such garments for use by the general public, it is considered clear that the invention is not directly related to any governmental program to place such items in general use.

SECTION 1245.106(b)(2). In view of the extremely limited use of the invention to astronauts and other space crew members engaged in a space mission, it appears evident that the Government has no interest in requiring its public use.

SECTION 1245.106(b)(3). Although some commercial potential may be visualized for the invention, any use of it by the general public for the benefit of its health or welfare is nevertheless considered rather unlikely, particularly in view of its primary purpose to protect only astronauts and the like while engaged in a space mission.

SECTION 1245.106(b)(4). The field of . science or technology involved in the present invention is considered to be that of "protective garments," and, in an effort to show private experience in this field, the Petitioner submits copies of a number of patents covering related inventions dating back to the 1800's. Various companies have been granted licenses under these patents, and Petitioner points out that, inasmuch as the Government has not been granted licenses under these patents, "it is assumed that those programs were all individually or company funded." While the foregoing is considered as indicating some evidence of privatefunding activity by companies and individuals in the relevant field of technology, it is not conclusive. The Petitioner further refers to four other companies which it understands are presently engaged in developing

garments falling in the above-defined field of technology. However, Petitioner also submits an exhibit indicating activity of the British Government in this same field.

In support of the foregoing claims by Petitioner, the NASA technical evaluator states that in "the narrower field of cooling garments, the British have done quite a bit," and he further indicates preliminary work in this area by the General Electric Company, the Garrett Corporation, and Litton Industries. Moreover, the Petitioner indicates an expenditure of its own funds of approximately $4 million in life support systems of the type called for in the instant contract. Thus, adequate support has been given for a finding of more than a little significant privately-funded experience in the defined invention field. Nor is the Government considered the principal developer of the field, even though it appears to have optimized significantly over the British Government, in view of the considerable private activity in this area, as noted hereinbefore by both Petitioner and evaluator. In any event, it is not believed that Petitioner, by acquiring title to the present invention, would be placed in a dominant or preferred position over its competitors. Even though the evaluator indicates that "cooling garments," a portion of the defined invention field, is a field that is relatively new and undeveloped, the already-considerable existing patent coverage of related inventions in the prior art appears clearly to negate a finding that any patent protection secured on the present invention would be of such a broad nature as to control the industry.

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 instance to the respective criterion set forth in each subsection. SECTION 1245.104(a)(1). Since the present contract was conceived solely with the engineering, design, development, fabrication, and testing of extravehicular space suit assemblies and associated life support systems in mind, it is readily apparent that its principal purpose was to develop a system primarily useful only to the govern

mental space program, with no intent to make anything available to the public.

SECTION 1245.104(a)(2). Since the contract is limited in objective to space suits and associated life support systems designed for use in outer space, its principal purpose is the protection of astronauts and other space crews, not members of the general public.

SECTION 1245.104(a)(3). It is agreed that the contract under which the invention was made is in the field of science or technology of pressure (or space) suits and associated life support systems, and that several United States companies, as indicated by the NASA technical evaluator, have gained significant experience in the field through the expenditure of private funds. Moreover, such suits have been purchased by foreign countries from these United States companies. While it can be said that the United States Government is the principal user of pressure suits and environmental control systems, and, through its contractors, might clearly be considered the principal developer of the contract field, it appears equally clear that, in view of the previously mentioned significant experience gained by a number of other United States companies in the same field, both through Government funds and private funds, any patent protection acquired by Petitioner in inventions developed under the present contract could not reasonably be expected to place Petitioner in a position of preference or domi

nance.

SECTION 1245.104(a)(4). It is clear that the present contract is neither directly concerned with, nor does it contemplate, the use by the contractor of a Governmentowned facility. Moreover, although it is apparent that subcontractors are to be utilized, the contractor will nevertheless retain the primary responsibility for the development of the space suit and associated life support system required by the contract. Moreover, the Board expressly finds, as required by Section 1245.106(c)(1), that waiver of title would be an effective incentive to bring the invention to the point of practical application at the earliest practicable date. Although development of the preferred embodiment of the invention appears already accomplished, its present cost is estimated by the Petitioner as approximately $600 per unit. As the Petitioner indicates, it has plans to market the

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