September 27, 1995
Your Ref. GP (95-37082).
Mr. Alan J. Kennedy
Senior Patent Attorney
Office of the Associate General Counsel
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
WASHINGTON, DC 20546-0001
Dear Mr. Kennedy,
With regard to your letter of September 21,
1995, I would like to have answers to these two questions:
1) Is it your belief that, under law, the owner of a patent loses
proprietary and intellectual property rights at the expiry date of the
2)Is it not true, under law, that when criminal conspiracy is involved
there is no statute of limitations?
When Mr. Burnelli made his advanced invention, disclosed in Patent
No. 2,586,299, the filing date was September 11, 1945, but the patent was
not issued until February 19, 1952. It is a matter of record that NACA/NASA
had full knowledge of this important technological advance at that time,
but they deliberately took no recognition of it to accommodate their industrial
collaborators in the military-industrial complex.
You will see by the enclosures that, this year, both Aerospatiale
and Airbus Industrie, in addition to McDonnell Douglas, have announced
their versions of the 1951 Burnelli design. As NASA now claims that the
Burnelli Company has no rights to this important design any longer, then
NASA, by its failure to timely recognize the exceptional 1945 Burnelli
technology, has made it possible for the Europeans to also claim public
domain. I am sure that Congress and the American taxpayer will be delighted
to learn of this development.
I look forward to your response.
REVUE AEROSPATIALE, 119, June 1995 -- Studies - Return of the Flying
AEROPORTS MAGAZINE, 259, June 1995 -- Flying Wing: Airbus Industrie Reveals