Appeal No. 1999-0928
Application No. 08/334,952
evidence of the ‘excess heat’ generated at the indicated levels
(570%) being from chemical reactions or merely lattice induced
vibrations, then it follows that the excess heat is from alleged
nuclear reactions of the ‘cold fusion’ system type.” Answer,
sentence bridging pages 5-6. The examiner finds that cold fusion
systems involve decreasing the interatomic spacing between
hydrogen isotopes in the host lattice to generate excess heat,
such as disclosed by appellants, “regardless of any other name
they may be given.” Answer, page 6. The examiner considers
appellants’ invention as being based on the “cold fusion” concept
set forth by Pons and Fleischmann and then discusses numerous
references that refute this concept (Answer, pages 6-7).
Accordingly, the examiner believes that a reasonable and
sufficient basis has been set forth for challenging the adequacy
of the disclosure, with a showing that claims of nuclear fusion
and/or excess heat generation are not reproducible or even
obtainable (Answer, page 10). We disagree.
The examiner has the initial burden of challenging an
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