Ex Parte WEINBERG et al - Page 11




          Appeal No. 1999-0928                                                        
          Application No. 08/334,952                                                  


          evidence of excess heat production without a relationship to                
          concomitant production of neutrons, tritium, and helium, was                
          explained by considering a recombination of hydrogen and oxygen             
          evolved during the experiment, not by categorizing the experiment           
          as “cold fusion” (page 729).  Finally, Jones teaches that the               
          production of excess heat generation during water electrolysis              
          “could be readily terminated by the introduction of various                 
          barriers to the migration of hydrogen and oxygen” and that                  
          “[t]here is no compelling evidence that excess heat is of a                 
          nuclear origin in such electrolytic cells.”  Jones, page 6973,              
          abstract.  Therefore, on this record, the examiner has not                  
          presented any evidence that appellants’ generation of “excess               
          heat”  during electrolysis of water is of a nuclear origin or               
          that appellants’ invention should be categorized as “cold fusion”           
          but, on the contrary, the evidence of record supports the                   
          opposite view when “excess heat” is the only by-product of the              
          electrolysis.                                                               
               For the foregoing reasons and those stated in the Brief and            














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