Office of the Associate General Counsel
(Intellectual Property)
Mail Code GP
NASA Headquarters
Washington, D. C. 20546

Dear Sirs:

Attached please find a copy of my letter to Mr. Goldin dated March 29, 1995 and NASA's response from Mr. Whitehead dated May 5, 1995.

We are rather surprised that NASA did not notify the Burnelli Company directly with regard to the NASA research announcement 94-A-2 of January 28, 1994 in view of the fact that the subject matter was quite clearly dealing with a Burnelli proprietary item, a lifting body jet-powered vehicle. You have already received photographic evidence showing that the NASA-funded Douglas Megajet is but a clone of the 1951 Burnelli model which sits on my desk. Furthermore, I herewith enclose U. S. Patent #2,586,299 which was filed by Mr. Burnelli on September 11, 1945. In fact, this patent was referred to on Page 77 in the Stenographic Transcript of the NASA inventions and Contributions Board In the Matter of Vincent J. Burnelli, dated July 13, 1966 at Washington, D. C. This shows that NASA was fully aware of Burnelli's proprietary, patent and intellectual property rights position in the jet-powered lifting body field. NASA furthermore has a complete library of the NACA wind tunnel tests done on Burnelli airplanes during the 1930's and 1940's as well as those carried out by New York University. I might recommend that the NASA personnel dealing with the Burnelli matter at present, take the time to read the transcript mentioned above and particularly the interview with the highly respected Mr. Jean Roch*, for 43 years the chief of airplane design at Wright and Langley fields for the U. S. Army Signal Corps, the U. S. Army Air Corps, and the U.S.A.F.

We would be most agreeable to negotiate a license agreement for the use of Burnelli rights by NASA and we would welcome a draft proposal in this regard from your goodselves. Over the years we have repeatedly offered to license our rights to the Establishment manufacturers. In the case of Douglas with regard to the subject megajet, I am still awaiting a response to two letters to Mr. John McDonnell, dated March 14 and March 29, 1995 (copies enclosed) in which I suggested a license agreement between our two companies , but to date no response has been received.

So that NASA gets the Burnelli Company's position into proper perspective, I am enclosing herewith a copy of recent correspondence with the Department of Defense, for your perusal.

Thank you for your interest in the Burnelli Company

Sincerely yours,

THE BURNELLI COMPANY, INC.

[signed]

CHG/mfCHALMERS H. GOODLIN
Chairman and President
Enclosures