..~ ...~, ~- '\. ~.\ ...... ,,1

MAR 1 B1985

Honorable Mary Ann~illeece

Deputy Under Secretary of Defense(Acquisition Management)

Pentagon, Room 3E144Washington, D. C. 20301

Dear Ms. Gilleece:

UNITED STATES DEPARTMENT OF COMMERCEThe Assilltllnt Secretary for Productivity.Technology 8nd Innovationwashington, D.C. 20230

12021377-1964

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I have received the joint letter of March 4, 1985, concerningthe efforts of the Federal Coordinating Council on Science,Engineering and Technology (FCCSET) Committee on IntellectualProperty to develop a policy framework within which more detailedGovernment procurement and assistance regulations dealing withtechnical data would be drafted and ev.luated. As you recall,this effort was initiated at the request of Dr. Keyworth, thePresident's Science Advisor, and I am enclosing a copy of hisoriginal request.

This effort is not intended to conflict with or in any way limitthe Federal Acquisition Regulation (FAR) authorities of theNational Aeronautics and Space Administration (NASA), theDepartment of Defense (DOD), and the General Services Adminis­tration (GSA). However, as I trust you agree, the FAR is writtenagainst a backdrop of statutory and administrative policies thatare often set outside the FAR system as such. For example, theFAR patent provisions must conform to the President's Memorandumand applicable statutes, including Chapter 18 of Title 35 andregulations issued thereunder. Similarly, if FCCSET or anotherhigher authority can reach agreement on basic technical dataprinciples, there would appear to be no reason why the FARdrafters should not be expected to conform the FAR to thoseprinciples.

.The concerns expressed in Dr. Keyworth's letter remain valid.For years it has proven impossible to develop Federal ProcurementRegulations (FPR) or FAR coverage in the technical data area forthe civilian agencies. And there have been significant differ­ences in the approaches adopted by DOD, NASA, Department ofEnergy (DOE), and other agencies that have issued regulations orother policy directives. We believe a major reason for this isthe failure to reach agreement on basic objectives andprinciples.

(

There is also legitimate concern whether existing regulationsgive sufficient weight to the policy objectives of thisAdministration. In particular, this Administration is-stronglycommitted to the principle that private investment and develop­ment of Government supported research should -be encouraqed-i-as -­evidenced by the issuance of the President's 1983 Memorandum GnGovernment ~atent Policy.-------- ;

Because of the obvious interest your agency has in technicaldata issues, we hope that you will continue to provide input andcomments during the development of the Statement.

Sincerely,

'(signed)Eruce Merrifield

D. Bruce Merrifield

Attachment' _

cc: Honorable George A. Keyworth II (White House)Dr. Andrew Pettifor (OSTP)Mr. Allan Beres (GSA)Mr. Stuart J. Evans (NASA)

OPT /FT~1P/Nlrrr?afk;;;;;t:~ken/rh 3/14/85be : Dr. "1erri He1d V

Egil s ~1il bergsDr. I·Jil1 i amsNorm LatkerChronRead

2

THE WHITE HOUSE

W/>,S ... 'NC>lON

March 19, 1984

Dear .Bruce: ,•

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The allocation of rights to various technical data, developedin the performance of government contracts, is an issue withsignificant implications for future government-industryrelationships. It is driven, for example, by the government'sneed to minimize the costs of the products and services itbuys, as well as by industry's desire to maximize profits andmaintain any competitive advantage. It is fundamental to thegovernment's continued ability to obtain the services of thebest of the private sector.

I believe that this is an issue of sufficient importance thatany codification of the government's position ~n this issue,as in the technical data section of part 27 of the.proposedFederal Acguisition Regulations, requires a thorough analysisand discussion by the various agencies, and by the privatesector. I believe that the FCCSET Intellectual PropertyCommittee would be an appropriate vehicle for examining thevarious kinds of technical data, for agreeing on the variousgovernment objectives in seeking access to, or protecting theproprietary nature of that data, and for developing the basisfor an acceptable set of draft regulations for the government'srights to such data. Please keep me informed of your progress.

Yours truly,

~ ;;;''f:::f/-~C:- p. IG. A. • yworth

Science Advisor to the President

•

Dr. D. Bruce MerrifieldAssistant Secretary for Productivity,

Technology and InnovationDepartment of CommerceWashington, D.C. 20230

RECEIVE

MAR 2t 19Bi

RJ3R1JC~~

Analysis of DOD Concerns as Stated in SecretaryWeinberger's March 19, 1985 Letter

Concern--The statement would "prohibit efforts to negotiatefor the right to obtain and USe for competitive procurementpurposes proprietary technical data pertaining to commercial OJfuture commercial items for which defense has reqtiirements. n

;

Response--Sections 4 and 5 contain such limitations. However,they are based on language in Public Law 98-525 (and similarlanguage in PL 98-577) which states at section 1202 that theSecretary of Defense should--

" ••• ensure that persons that have developed prQducts orprocesses offered or to be offered for sale to the public are notrequired, as a condition for the procurement of such products orprocesses by the Department of Defense, to provide to the UnitedStates technical data relating to the design, development, ormanufacture of_such products or processes (except for such dataas may be necessary for the United States to operate and maintainthe product or· use the process if obtained by the United Statesas an element of performance under the contract)."

However, as a result of Secretary Weinberger's letter we haveadded references to 10 USC 2320(c) in section 5 which gives DODgreater latitude than others in this area.

Concern--The statement would "require the government to limitits use of technical data pertaining to items developed with lessthan total government funds to such an extent that competitionwould be severely inhibited if not precluded."

Response--Again, section 5 places limitations on the right ofthe government to use proprietary data of a contractor forreprocurement when the data relates to a commercial productdeveloped at private expense. However, it authorizes the use ofform, fit, and function data relating to such commercial productsfor competitive purposes. We have also added the reference to 10USC 2320(c) to satisfy Secretary Weinberger's concern. Otherthan data relating to privately developed commercial products,the draft statement does not prevent DOD from obtaining any typeof technical data for competitive procurement purposes thatrelates to noncommercial products developed with partial govern­ment and partial contractor funding. Thus, if a contractor hasused internal funds to begin the development of a noncommercial,military product the Statement would in no way prevent DOD fromnegotiating for technical data relating to this item.

Concern--The statement will "prohibit the government'srequiring contractors to deliver technical data pertaining toitems developed totally at government expense unless there is aspecific need for the data. This prohibition appears to extendto follow-on contracts even though data needs not initiallyapparent may have become known."

Response--We do not understand the basis for this statement.It appears to relate to the second paragraph of section 3 of oneof our early drafts which advised agencies not to order expensive"manufacturing data" unless they foresee a need for it. Thiswould not have affected DOD, since in most cases we assume DODwould be procuring the development of an item with an expectationof procuring it in the future if the item proves effective.Revised sect~on 3 (now section 5) no longer contains the samelanguage. In any case neither the earlier version or the currentversion should prevent DOD from obtainin9 technical data forprocurement purposes in items wholly developed at governmentexpense.

Concern--The statement would "preclude the acquisition ofrights in software developed under a contract at governmentexpense unless such software was a specific end product requiredby the contract. This, too, can serve as a bar to competitiveprocurement in certain situations."

Response--To fully respond it would be useful to know whattype of "situations" are envisioned. However, in actual fact thestatement does not precude the acquisition of rights in softwareunless it was a specific end product. Section 7 begins bystating the government only gets rights in software that isrequired to be delivered. The statement does not preclude anagency from specifying that software will be delivered.

It does state, however, that "normally" the delivery ofsoftware should not be required unless a purpose of the award isthe creation of software. This is not an absolute requirement,but we believe it is a sound general rule. Scientists andengineers are constantly writing and altering computer programsto facilitate work under government R&D grants and contracts. Inmost cases the government is more interested in the end resultsthan obtaining copies of software that was developed incidentalto the carrying out of the work. Thus, it makes little sense inmost cases for agencies to require delivery of such software.Furthermore, when a researcher sees a wider commercial market forhis software, its delivery to the government will undermine hismarketing efforts since it may become available to competitorsthrough the Freedom of Information Act.

The first paragraph of section 7 may, in fact, require a changein DOD policy. The Defense Acquisition Regulation (DAR)Supplement now says that DOD will only acquire rights in computersoftware to meet its needs. However, it then goes on to statethat DOD will take unlimited rights in computer softwaredeveloped in the course of experimental, developmental, orresearch work specified under a contract. No explanation isgiven as-to why DOD has such a broad need. We believe this maybe the major policy issue presented by the draft Statement.

DRAFT

Gove~nment Data pOlicy Statement (Revised 3/27/85)

This statement p~ovides gUidance conce~ning the acquisitionof technical data and softwa~e unde~ gove~nment ~rants~und

contracts, except prime contracts for the operation of •government-owned research or production facilities;-Eowever, .itapplies to subcontracts under such contracts. It is intended to(i) provide agencies with the flexibility to acquire technicaldata and software needed to fulfill their missions (ii) avoidunnecessary costs that result from the ordering of unneeded.technical data; (iii) encourage the commercialization of newproducts and processes by contractors through the protection oftechnical data; and {iv) encourage the most qualified commercialconcerns to participate in government research and developmentprograms. It does not affect the classification of technicaldata and software for national security purposes.

Section ~ Definitions. As used in this Statement--

(a) "tecbnica.l aata" means recorded information of ascientific or technical nature. It does not include software orfinancial, administrative, cost and pricing, management data, andother info~mation incidental to contract administration;

(b) "manufacturing data" means technical data and softwareused for the manufacture of a p~oduct or perfo~mance of a p~ocess

on a commercial scale;

(c) The term "contract" includes subcontracts and the term"cont~actor" includes subcontractors; and

(d) "software" means compute~ programs, compute~ data bases,and documentation thereof.

Section ~ Treatment Qf Proposals. Proposals that have notbeen incoporated in an award shall be treated as confidential andnot disclosed outside the gove~nment without the submitter'spermission except for evaluation purposes. Parts of proposalsthat are incorporated in awards and which contain trade secretsor commercial or financial information shall also be treated asconfidential if p~ope~ly marked. Agencies shall not disc~iminate

against marked p~oposals.

Section ~ Scope Qf~ Rights Clauses. Technical datadelivery ~equi~ements should no~mally be fully set out at thetime of cont~acting, but defe~~ed o~de~ing p~ovisions may be usedto add additional delive~ables. Any ~ights which the gove~nment

obtains to technical data will be limited to rights in dataspecifically requi~ed to be delive~ed o~ p~epared.

· .,.

Section ~ Supply Contracts. Agencies procuring standardcommercial products may obtain technical data necessary foroperation, maintenance or repair but not for reprocuremeritpurposes. Notwithstanding, manufacturing data should,~ot

normally be sought.J

Section~ Engineering peyelopment Contracts. Contracts iorengineering development should be structured to prevent thedisclosure of proprietary technical data related to commercialproducts or processes developed at private expense bycontractors. For example, agencies should normally accept form,fit, and function data in lieu of manufacturing data. Or, ifmanUfacturing data is needed, the contractor shalL be allowed tomark as proprietary any data that relates to commercial productsor processes developed at private expense; and the right of thegovernment to use and disclose the data shall be spe~ified in thecontract, and shall not include the right to use the data forreprocurement p.urposes (except for Defense Department contractsto which 10 USC 2320(c) is applied). Use of deferred deliveryprovisions shOUld also be considered. A ~ompetitive procurementof an item developed under an engineering development contractshould not include in the solicitation any proprietarymanUfacturing data that relates to a product or process developedat private expense by a contractor which is offered or to beoffered for sale commercially by the contractor (except when10 USC 2320(c) was applied to such data).

Any technical data delivered under an engineering developmentcontract that relates to an item develped wholly under thecontract shall be taken without restrictions if competitiveacquisition of the item is anticipated. When competitiveacquistion is not anticipated, the contractor will be allowed toretain ownership of any such data delivered, and the agency shallreserve an unrestricted, royalty-free right to use or have itscontractors use the technical data for governmental purposes(excluding pUblication outside the government). However, ifmission needs require and this is consistent with PL 98-525 or577, agencies may also acquire publication and other rights.Other technical data not related directly to items developedunder the contract normally shall be taken without restrictions.

Section ~ Contracts ~ Basic anQ Applied Research. Agencieswill normally take technical data delivered under a basic orapplied research contract with the unlimited right to use andpUblish such data, SUbject to any other provisions of thecontract related to inventions and patents. However, if theresearch involves a contractor's privately developed products orprocesses or if it is otherwise agreed to by the parties,proprietary data of the contractor shall be protected.

Section ~ Assistance Awards. Agencies normally should notrequire delivery of lechnical data under grants or cooperativeagreements except as necessary to verify the awardee'sperformance. The awardee normally will be allowed to retain all

2

rights in technical data delivered or produced under such awards,including the right to publish and/or assert copyright, illlthoughthe agency may acquire a nonexclusive, royalty-free, andworldwide license to use such technical data that-'is--.uelivered orpUblished by the awardee for internal government purposes. Whenconsidered necessary to meet program objectives or statutory :requirements, agencies may also (i) reserve the right to publishtechnical data delivered under a grant or cooperative agreementif the awardee fails to publish the results of the researchwithin a reasonable time and/or (ii) expand the government'slicense to cover State and local governments.

Section ~ Software. Unless its delivery is __specificallyrequired, agencies shall not normally acquire rights in softwaregenerated under contracts or grants. Delivery of software shallnot normally be required unless a purpose of the award is thecreation of software. If software has commercial potential,agencies should normally accept license rights in lieu ofownership~ .and-Donsideration should be given to allowing softwaredocumentation to be maintained on the contractor's premises.

When an agency acquires existing proprietary software, itshall accept appropriate conditions limiting its right to use anddisclose the software. This includes cases when proprietarysoftware is modified to accommodate particular agency needs.

Software within the definition of wmanufacturing data"at section l(b) is subject to sections 3-7 and not this section.

3

/C{i)..\~)"__d---

UN'TED STATES DEPARTMENT DF COMMERCETheAssi_ Secretary fDr Productivity,

"-TechnDIDgylllld"InnovlltionnWashington. D.C" 20230

(202) 377-1984

MAR 18 1985_"" ~_"~ ""_. n ". ~:__:..-.:.__.•._- _.: ----------

,

("

,•

Honorable Mary Ann GilleeceDeputy Under Secretary of Defense

(Acquisition Management)Pentagon, Room 3E144Washington, D. C. 20301

Dear Ms. Gil1eece:

I have received the joint letter of March 4, 1985, concerningthe efforts of the Federal Coordinating Council on Science,Engineering and Technology (FCCSET) Committee on IntellectualProperty to develop a policy framework within which more detailedGovernment procurement and assistance regulations_dealing withtechni¢al data would be drafted and evaluated. As you recall,this effort was initiated at the request of Dr. Keyworth, thePresident's Science Advisor, and I am enclosing a copy of hisoriginal request.

This effort is not intended to conflict with or in any way limitthe Federal Acquisition Regulation (FAR) authorities of theNational Aeronautics and Space Administration (NASA), theDepartment of Defense (DOD), and the General Services Adminis­tration (GSA). However, as I trust you agree, the FAR is writtenagainst a backdrop of statutory and administrative policies thatare often set outside the FAR system as such. For example, theFAR patent provisions must conform to the President's Memorandumand applicable statutes, including Chapter 18 of Title 35 andregulations issued thereunder. Similarly, if PCCSET or anotherhigher authority can reach agreement on basic technical dataprinciples, there would appear to be no reason why the FARdrafters should not be expected to conform the FAR to thoseprinciples.

The concerns expressed in Dr. Keyworth's letter remain valid.For years it has proven impossible to develop Federal ProcurementRegulations (FPR) or FAR coverage in the technical data area forthe civilian agencies. And there have been significant differ­ences in the approaches adopted by DOD, NASA, Department ofEnergy (DOE), and other agencies that have issued regulations orother policy directives. We believe a major reason for this isthe failure to reach agreement on basic objectives andprinciples.

\

e-

There is also legitimate concern whether existing regulationsgive sufficient weight to the policy objectives of thisAdminlstration~ -In particular, this Administrationmis"-stronglycommitted to the principle that private investment. and develop­ment of Governmenfsuppor tediesearch shoIiTaoedeilcfi)"IiYaged--asevidenced by the issuance OfJ:h£L President's 1983 JoJemorandum onGovernment Patent Policy. <

Because of the ob~ious interest your agency has in technicaldata issues, we hope that you will continue to provide input andcomments during the development(lftheStatement.

Sincerely,

'lsigned)Bruce Merrifield

D. Bruce Merrifield

Attachment

cc: Honorable George A. Keyworth II (White House)Dr. Andrew Pettifor (OSTP)Mr. Allan Beres (GSA)Mr. Stuart J. Evans (NASA)

OPTI/mlP/NIm~)(:sken/rh 3/14/85be: Dr. ~errifield V

Egils MilbergsDr. l'li 11 i amsNorm LatkerChronRead

2

,

(

;\.

,

. THEWHIU:HOUSE

WAStootING'JON

March 19, 1984

.De arBruce :

The allocation of rights to various technical data, developedin the performance of government contracts, fs·anissue withsignificant implications for future government-industryrelationships. It is driven, for example, by the government'sneed to minimize the costs of the products and services itbuys, as well as by industry's desire to maximize profits andmaintain any competitive advantage. It is .fundamental to thegovernment's continued ability to obtain the services of thebest of the private sector.

I believe that this is an issue of sufficient importance thatany codification of the government's position on this issue,as in the technical data section .of part 27 of the ~;>roposed

Federal Acquisition Regulations, requires a thorough analysisand discussion by the various agencies, and by the privatesector. I believe that the FCCSET Intellectual PropertyCommi ttee would be an appropriate vehicle for examining thevarious kinds of technical data, for agreeing on the variousgovernment objectives in seeking access to, or protecting theproprietary nature of that data, and for developing the basisfor an acceptable set of draft regulations for the government'srights to such data. Please keep me informed of your progress.

Yours truly,

~~~/.•.~~ p ;G. A. K yworth

Science Advisor to the President

,

(.

Dr. D. Bruce MerrifieldAssistant Secretary for Productivity,

Technology and InnovationDepartment of CommerceWashington, D.C. 20230

RECEIVE

MAR 2t 198'R·PRUCE~

JA.CQUES M. DULIN

JAMI!:S W. POTTHAST

RAY E. SNYOER

FR....NK R. THII!:NPOHT

DULIN, THIEN~ONT_ POTTHAST & SNYDER. LTD,

I ATTORNEYS ATrLAW

i SUITE 606;

135 SOUTH LASALLE STRE'PJl.TENT BRANCH, OGCdHICAGO. ILLINOIS 60603 DHEW

AUG 251978

r::--rfiF~L)

",/'0"Iv ,j r

t

(312) 263..328a

CASl-1tL.AwaYRINTH

Senator Robert DoleRussell Senate Office B~ildingWashington, D. C. 20510

Dear Senator Dole : I

,August 22, 1978s-ac«.

1--~:;, ",; ,~~

jf

Thank you for your letter of August 14, 1978 andthe page from the Congressional Record dated Wednesday,August 9, 1978. I had already sent you a communicationdated August 14, 1978 commending and supporting yourposition based on your news release. I am still amazedat the clarity with which you have analyzed the problem,and the logic of your proposed solution.

Patents generally are not of universal interest, andsome of your colleagues, namely Nelson and Long, no doubthave made hay back home in haranguing on the governments'treatment of them. In fact, dealing with inventions isfairly intricate, and patents are a vital link for effectingthe transfer of technology you refer to.

I believe that much of the furor and confusion expressedby some of your colleagues and members of the administrationstem from a lack of understanding of just what a patent isand how it functions. There seems to be a real hang-up overthe concept of granting anyone a monopoly, albeit a veryrestricted one. In truth it is not very much of a monopoly.The worst that can happen is that a competitor affected byanother's patent may have to get off his duff and developsomething as good or better in order to compete. In thissense, patents can be a strong force for stimulating competition.There may be a temporary howl, but any company still in thebusiness of making buggy whips should upgrade its product line.

L;

Senator Robert DoleAugust 22, 1978Page 2

As a final comment, I was particularly pleased with yourreference to the position of the patent counsel for the DHEW.I have known Mr. Norm Latker for many years and am intimatelyaware of his stand on the handling of these matters--even tothe point of jeopardizing his job. In my opinion, Mr. Latkerhas done more toward placing DIIEW sponsored inventions intothe hands of the public than any other individual and perhapsmore than all of the rest of DHEW combined.

If I can be of further assistance in this matter, I amat your service.

~verY tr~¢,

R', U/• Snyder r-'RES:cs

bcc:Donald W. Banner, Esq.Howard Bremmer, Esq.Mr. Paul R. KeenanDr. Martin Rachmeler ~

Norman J. Latker, Esq.v'

'"

CONFERENCE AUDIENCE INVITATION LIST

Mr. Robert A. SchoellhornChief Executive OfficerAbbott Laboratories- Abbott ParkNorth Chicago, IL 60064

Mr. Robert S. JanickiVice President, Pharmeceutical

Products Research & DevelopmentAbbott Laboratories, Abbott ParkNorth Chicago, IL 60064

Mr. W. J. Sanders, IIIChairman, President and

Chief Executive OfficerAdvanced Micro Devices, Incorporated901 Thompson PlaceSunnyvale, CA 94086

Mr. Edward L. Hennessy, Jr.Chairman and Chief Executive OfficerAllied~Signal CompaniesColumbia Road and Park AvenueMorristown, NJ 07960

Mr. Albert E. GermainTax CounselAluminum Company of America1501 Alcoa BuildingPittsburgh, PA 15219

Mr. Charles W. ParryChairman and Chief Executive OfficerAluminum Cqmpany of America1501 Alcoa:'lloJiJ"ding,--Pittsburgh~~A 15219

~,<:,,;

";'{:~'~"

Mr. Eugene R. WhiteChairmanAmdahl Corporation1250 E. Argues AvenueSunnyvale, CA 94086

iMr. George Sella, Jr.Chairman) President and

Chief Executive OfficerAmerican Cy~amid CompanyOne Cyanamid: PlazaWayne, NJ 07470

Mr. Claude BarfieldResident, Fellow Science and Technology PolicyAmerican Enterprise Institute1150 17th Street, N. W.Washington, D. C. 20036

Mr. Edward A. MasonVice President, ResearchAmoco200 East Randolph DriveChicago, IL 60601

Mr. Walter F. RaabChairman and Chief Executive OfficerAMP, IncorporatedPost Office Box 3608Harrisburg, PA 17105

Mr. John SculleyPresident and Chief Executive OfficerApple Computer, Incorporated20525 Mariana AvenueCupertino, CA 95014

Mr. James C. MorganPresident and Chief Executive OfficerApplied Materials, Incorporated

. 3050 Bowers Avenuesanta Clara, CA ~505l

M:. Emmett~~Hinea .. Dlrector, Go.".~rnment ReLat LonsArmstrong W~tId Industries1025 Connecticut Avenue, N. W.Suite 1007Washington, D~ C. 20036

2

Mr. Joseph L. JonesChairman and Chief Executive OfficerArmstrong World Industries, IncorporatedLiberty an~YCharlotte StreetsLancaster, PA 17604

Mr. Irving LevinSenior ConsultantArthur D. Little, Incorporated4 Embarcadero CenterSan Francisco, CA 94111

Mr. Peter E. GlaserVice President for Advances

in TechnologyArthur D. Little, Incorporated25 Acorn ParkCambridge, MA 02140

Mr. James E. OlsonVice ChairmanAT & T550 Madison AvenueNew York, NY 10022

Mr. Charles L. BrownChairman and Chief Executive OfficerAT & T550 Madison AvenueNew York, NY 10022

Mr. Vernon R. Loucks, Jr.President and Chief Executive OfficerBaxter Travenol Laboratories1 Baxter ParkwayDee r f LeLd ,: IL,60Q15

, " >,,'

Dr. RObert:;w~:at.el!Uon':M.D.Senior Vice""El'ideQt of Scientific AffairsBaxter TraiTenol"Laboratories1 Baxter ParkwayDeerfield, IL 60015

3

Mr. G. S. C. Wang Mr.Manager, Research and EngineeringBechtel Group Incorporated50 Beale StreetSan Francisco, CA 94150

Mr. James H. LeonardVice President, TechnologyBethlehem Steel CorporationBethlehem, PA 18016Mr. Donald H. TrautleinChairman and Chief Executive OfficerBethlehem Steel Corporation2118 Martin TowerBethlehem, PA 18016

Ms. Jane CicalaSenior AdministratorGovernmental & International AffairsBoeing CompanyPost Office Box 3707Seattle, WA 98124

Mr. Thornton A. Wilson\v Chairman and Chief Executive Officer" Boeing Company

Post Office Box 3707Seattle, WA 98124

Mr. James F. BereChairman and Chief Executive OfficerBorg-Warner Corporation200 South Michigan AvenueChicago, IL 60604

Mr. Richard .L. Ge1bChairman otLtb,e Board and

Chief·...e¢utive OfficerBr isto1-Myeli'fjvCompany345 Park ~ve.ueNew York, Nt·· 10154

Mr. Charles A. Heimbold, Jr.Sr. Vice President for

Planning and DevelopmentBristol~Myers Co.,Inc.345 Park AvenueNew York, NY 10154

4

Mr. George T. MaloneyPresidentC. R. Bard371 Central AvenueMurray Hill, NJ 07974

Mr. Robert H. McCaffreyChairman of the Board and

Chief Executive OfficerC. R. Bard731 Central AvenueMurray Hill, NJ 07974

Mr. Robert A. CharpiePresidentCabot Corporation125 High StreetBoston, MA 02110

Mr. George A. SchaeferChairman of the BoardCaterpillar Tractor Company100 North East Adams StreetPeoria, IL 61629

Mr. John D. MacomberChairman and Chief Executive OfficerCelanese Corporation1211 Avenue of the AmericasNew York, NY 10036

Mr. Peter CrawfordVice President, Information ServicesCitibank, N. A.399 Park AvenueNew York, NY 10043

Mr. Willianr'''e. NorrisChairman and\Chief Executive OfficerControl Data Corporation8100 34th Avenue SouthMinneapolis,MN 55420

5

Mr. John W. LaceyExecutive Vice President for

Technology and PlanningControl Data Corporation8100 34th Avenue SouthMinneapolis, MN 55420

Mr. Amory HoughtonChairman, Executive CommitteeCorning Glass WorksHoughton ParkCorning, NY 14831

Mr. John A. RollwagonChairman, President and

Chief Executive OfficerCray Research, Incorporated608 Second Avenue SouthMinneapolis, MN 55402

Mr. John MumfordCrosspoint Venture AssociatesPost Office Box 10101Palo Alto, CA 94303

Mr. Michael DaleDALECO Research and Development, Inc.3388 Via LidoFourth FloorNewport Beach, CA 92663

Mr. Gerald B. MitchellChairman and Chief Executive OfficerDana CorporationPost Office Box 1100Toledo, OR 43697

:i<~.:,::'

Mr. Rober~"A. RansonChairman aft'4ChiefExecutive OfficerDeere and CompanyJohn Deere RoadMoline, IL 61265

.6

Mr. Paul F. OrefficePresident and Chief Executive OfficerDow Chemical Company2030 Willar&N. Dow CenterMidland, MI 48640

Mr. Howard E. SimmonsDirector, Central Research and DevelopmentE. I. Dupont De Nemours & Company1007 North Market StreetWilmington, DE 19898

Mr. Edward G. JeffersonChief Executive OfficerE.I. duPont de Nemours and Co., Inc.1007 Market StreetWilmington, DE 19898

Mr. Leo J. Thomas, Jr.Senior Vice President (Research)Eastman Kodak Company343 State StreetRochester, NY 14650

Mr. Colby H. ChandlerChairman and ChiefDExecutive OfficerEastman Kodak Company343 State StreetRochester, NY 14650

Mr. DeSoto JordanVice President, Government AffairsEDS Corporation229 Pennsylvania Avenue, S. E.Washington, D. C. 20003

,';

Mr. H. Ross PerotChairman"EDS CorporatIon721721 Forrest Lane,Dallas, TX 75230

//Mr. R. William Gorin, E. F. Hutton & Company, Inc.',C' One Battery Park Plaza

} ~\ New York, NY 10004

7

Mr. Gene MannellaDeputy DirectorElectric Power Research Institute1800 Massachusetts Avenue, N.W.Suite 700Washington, D. C. 20036

Mr. Edward E. David, Jr.PresidentExxon Research and Engineering CompanyPost Office Box 101Florham Park, NJ 07932

Mr. C. C. GarvinChairman and Chief Executive OfficerExxon Corporation1251 Avenue of the AmericasNew York, NY 10020

Mr. David S. Tappan, Jr.Chairman and Chief Executive OfficerFluor Corporation3333 Michelson DriveIrvine, CA 92730

Mr. Robert H. MalottChairman and Chief Executive OfficerFMC Corporation200 East Randolph DriveChicago, IL 60601

Mr. Donald E. PetersenChairman and Chief Executive OfficerFord Motor CompanyThe American RoadDearborn,ML 48121

"A:~'.··

Mr. Howar~.11~·:.".•.~-.~.SSChaeffer .Freshman,~tz, Orlanskl,

Comsky an~Deutsch

9100 Wilshire Boulevard8th Floor, East TowerBeverly Hills, CA 90212

8

Mr. Robert SwansonPresidentGenentech460 Point San Bruno BoulevardSan Francisco, CA 94080

Mr. Roland W. SchmittSenior Vice President for

Corporate Research and DevelopmentGeneral Electric Company3135 Easton TurnpikeFairfield, CT 06430

Mr. John F. WelchChairman and Chief Executive OfficerGeneral Electric Co.3135 Easton TurnpikeFairfield, CT 06431

Mr. Phillips S. Petervice PresidentCorporate Government RelationsGeneral Electric Company1331 Pennsylvania Avenue, N. W.Suite 800Washington, D. C. 20004

Dr. Paul F. CheneaVice~President for ResearchGeneral Motors Corporation3044 West Grand BoulevardDetroit, MI 48202

Mr. Robert A. FroschVice President, Research LaboratoriesGeneral Motors Corporation, U. S. A.767 Fifth l\cyenueNew York, Nf/ 10153,.-.",,,'

.":.

Mr. Roger B. SmithChairman and Chief Executive OfficerGeneral Motors Corporation3044 West Grand BoulevardDetroit, MI 48202

9

Mr. William R. ThurstonPresident and Chief Executive OfficerGenrad, Incorporated300 Baker AvenueConcord, MA 01742

Mr. David A. KelsoSpecial InvestmentsGoldman, Sachs & Company85 Broad StreetNew York, NY 10004

Mr. William R. YlvisakerChairman and Chief Executive OfficerGould Incorporated10 Gould CenterRolling Meadows, IL 60008

Mr. John F. CarrVice Chairman of the BoardGrumman Corporation1000 Wilson BoulevardSuite 2100Arlington, VA 22209

Mr. Theodore F. BrophyChairmanGTE CorporationOne Stamford ForumStamford, CT 06904

Mr. Thomas H. CruikshankPresident and Chief Executive OfficerHalliburton Company400 North Olive LB 263Dallas, TX 75201

Mi. Willi"m PerryHambrechc aQd Quist235 Montgomery streetSuite 530San Francisco, CA 94101

Mr. Joseph A. BoydChairman and Chief Executive OfficerHarris CorporationMelbourne, FL 32919

10

V\

Mr. Robert H. KesselHerrick and Smith100 Federal StreetBoston, MA 02110

Mr. David PackardChairman of the BoardHewlett-Packard3000 Hanover StreetPalo Alto, CA 94304

'Mr. John A. YoungPresident and Chief ExecutiveHewlett-Packard3000 Hanover StreetPalo Alto, CA 94304

Officer

Mr. John L. DoyleVice President for Research and DevelopmentHewlett-Packard3000 Hanover StreetPalo Alto, CA 94304

Mr. Gerald LoreDirector of Federal Government AffairsHoffmann-LaRoche, Incorporated30040 Kingsland StreetNutley, NJ 07110-1199

Mr. Irwin LernerChief Executive OfficerHoffmann-LaRoche, Incorporated30040 Kingsland StreetNutley, NJ 07110-1199

Mr. Edson W. SpencerChairman ~ Chief,Executive OfficerHoneywell IncorporatedHoneywelr:~l.azaMinneapol£s¥ MN 55408

Mr. William B. JohnsonChairman and Chief. Executive OfficerI. C. Industries, IncorporatedOne Illinois CenterChicago, IL 60601

11

Mr. Ralph E. GomoryVice President for ResearchIBM Corporate HeadquartersOld Orcha r d RoadArmonk, NY 10504

Mr. John F. AkersPresident and Chief Executive OfficerIBM CorporationOld Orchard RoadArmonk, NY 10504

Mr. John R. OpelChairman of the BoardIBM Corporate HeadquartersOld Orchard RoadArmonk, NY 10504

Mr. Gordon B. MooreChairman and Chief Executive OfficerINTEL Corporation3065 Bowers AvenueSanta Clara, CA 95051

Mr. Rand V. AraskogChairman and Chief Executive OfficerITT Corporation320 Park AvenueNew York, NY

Mr. Roy A. Anderson. Chairman and Chief Executive Officer

Lockheed Corporation2555 Hollywood WayBuilding 61Burbank, C~ 915Q3

Mr. MitcheIID. KaporChairman an4" Chief Executive OfficerLotus Development Corporation161 First StreetCambridge, MA 02142

12

Mr. Raymond A. HayChairman and Chief Executive OfficerLTV CorporationPost Offic~Box 5003Dallas, TX ~ 75222

Mr. Thomas J. PownallChairman and Chief Executive OfficerMartin Marietta Corporation6801 Rockledge DriveBethesda, MD 20817

Mr. James E. CunninghamChairman and Chief Executive OfficerMcDermott International, Incorporated1010 Common streetNew Orleans, LA 70160

Mr. Thomas M. GunnStaff Vice President-WashingtonMcDonnell Douglas Corporation1225 Jefferson Davis HighwaySuite 800Arlington, VA 22202

Mr. John HuckChairman of the BoardMerck, Sharp and Dohme Research LaboratoriesPost Office Box 2000Rahway, NJ 07065

Mr. P. Roy VagelosPresident and Chief Executive OfficerMerck, Sharp and Oohme Research LaboratoriesPost Office Box 2000Rahway, NJ 07065"

,_.'}~:I&:~

Mr. Hirma~.1i;Emer~, Jr.Managing D~~ector .Merrill LynbhCapital Markets165 Broadway1 Liberty plaza - 44th FloorNew York, NY 10023

13

Mr. Glen HaneyPresident and Chief Executive Officer

-Micropro International Corporation33 San Pablo AvenueSan Rafael, CA 94903

Mr. Lewis W. LehrChief Executive OfficerMinnesota Mining and Manufacturing Co.General Offices/3M3M CenterSaint Paul, MN 55144

Mr. Lester C. KroghVice President, Research and DevelopmentMinnesota Mining and Manufacturing Company3M CenterSaint Paul, MN 55144

Mr. A. E. KlauserSenior Vice PresidentMitsui and Company (U.S.A.), Inc.1701 Pennsylvania Avenue, N. W.Suite 400Washington, D. C. 20006

Mr. Rawleigh Warner, Jr.Chairman and Chief Executive OfficerMobil Corporation150 East 42nd StreetNew York, NY 10017

~r. Howard A. Schneiderman- Senior Vice President for

\,\" Research and Development-:- Monsanto Company -

.:~ 800 North Lindbergh BoulevardSaint Louis", MO 63167

Mr. RiChard"MahoneyPresident and Chief Executive OfficerMonsanto Company800 North Lindbergh BoulevardSaint Louis, MO 63167

14