Appeal No. 2005-1296
Application No. 09/961,545 2
mass density of said moving physical material is altered, creating
a propulsive force that acts on said moving physical material.
The examiner does not rely on any references.
Claims 1-16, 18 and 19 stand rejected under 35 U.S.C.
§ 101 as being inoperative and, therefore, lacking in utility.
Claims 1-16, 18 and 19 also stand rejected under 35 U.S.C. § 112,
first paragraph, as being based on a specification that lacks
enablement for the claimed energy density altering means that
alters the energy of the moving material to thereby create a
propulsive force.
Rather than repeat the arguments of appellant or the examiner,
we make reference to the brief and the answer for the respective
details thereof.
OPINION
We have carefully considered the subject matter on appeal and
the rejections advanced by the examiner. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
the appellant’s arguments set forth in the brief along with the
examiner’s rationale in support of the rejections and arguments in
rebuttal set forth in the examiner’s answer.
It is our view, after consideration of the record before us,
that the disclosure of this application meets the utility
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