Ex Parte Fitzgerald - Page 1



            The opinion in support of the decision being entered today was not written 
                    for publication and is not binding precedent of the Board.         

                    UNITED STATES PATENT AND TRADEMARK OFFICE                          
                                     ____________                                      
                        BEFORE THE BOARD OF PATENT APPEALS                             
                                  AND INTERFERENCES                                    
                                       ____________                                    
                               Ex parte DAVID FITZGERALD                               
                                      ____________                                     
                                  Appeal No. 2005-1296                                 
                               Application No. 09/961,545                              
                                      ____________                                     
                                        ON BRIEF                                       
                                      ____________                                     
          Before JERRY SMITH, DIXON, and GROSS, Administrative Patent Judges.          
          JERRY SMITH, Administrative Patent Judge.                                    

                                   DECISION ON APPEAL                                  
           This is a decision on the appeal under 35 U.S.C. § 134 from                 
          the examiner’s rejection of claims 1-16, 18 and 19, which                    
          constitute all the claims pending in the application.                        
          The disclosed invention pertains to a device for producing a                 
          propulsive force using an energy density altering means.                     
          Representative claim 1 is reproduced as follows:                             
          1.   A device for producing a propulsive force, comprising;                  
               a. a moving physical material,                                          
               b. an energy density altering means, which alters the energy            
          density within said moving physical material in such a way that the          




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