Mr. Chalmers H. Goodlin
Chairman and President
The Burnelli Company
7372 N.W. 12th Street
Miami, FL 33126

Dear Mr. Goodlin:

In your letter to me dated September 6, 1995, you state that you do not accept the fact that the term for United States Patent No. 2,586,299 expired on February 19, 1969. I am sorry that you feel this way; however, by law, as of February 19, 1969, the term of United States Patent No. 2,586,299 expired. Thus, NASA has no interest in considering a license in an expired patent. This decision regarding United States Patent No. 2,586,299 is final; NASA will not consider a license in an expired patent.

In your letter you also allege that "the NASA/Douglas Megaliner project, funded by NASA, shows abundant pirating of Burnelli proprietary and intellect property rights." Please, again, be advised that, as of February 19, 1969, the patent monopoly grant for United States Patent No. 2,586,299 expired. Therefore, after that date, the invention disclosed in this patent is in the public domain. Contract proposals to investigate blended wing-body aircraft configurations that you allege pirate Burnelli proprietary and intellectual property rights were solicited under NASA Research Announcement 94-OA-02 dated February 28, 1994. The request for proposals occurred 25 years after the expiration date of United States Patent No. 2,586'299. Thus, I find no basis for your claim that design proposals for this project pirated Burnelli proprietary and intellectual property rights.

[signed]

Alan J. Kennedy
Senior Patent Attorney
Office of the Associate General
Counsel
(Intellectual Property)