Appeal No. 2006-0132
Application No. 09/946,627
The Owens declaration does not indicate that competing U.S.
industries and/or those of ordinary skill in the art (U.S. and
Canadian citizens) are unable to obtain certification credentials
based on a DD Form 2345. See the Owens declaration in its
entirety.
As also indicated at page 2 of the Owens declaration, the
so-called “restriction” is printed on the first page of Wanthal,
which reads as follows:
This paper contains research findings and technology
developments in airframe composites technology that may
constitute a significant enhancement of the national
defense, and to the economic vitality of the United
States; therefore access to foreign firms, institutions
or persons must be controlled. The provisions of the
International Traffic in Arms Regulation (22 CFR pt.
121 et seq.), the DOD Industrial Security Regulation
(DOD 5220.22R) and the Department of Commerce Export
Regulation (15 CFR pt. 770 et. Seq.) may be applicable
to this submittal. (Emphasis added.)
This so-called “restriction” does not indicate that the
provisions of International Traffic in Arms Regulation, the DOD
Industrial Security Regulation and the Department of Commerce
Export Regulation relied upon by the appellants are applicable to
Wanthal. Nor do the regulations referred to in Wanthal call for
exclusion of those U.S industries (e.g., U.S. defense industries)
and/or U.S. citizens interested in the subject matter in question
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