Appeal No. 2005-1296
Application No. 09/961,545 6
and that additional experimentation was necessary to arrive at a
practical application of the theory. Independent claim 1 recites
“creating a propulsive force” caused by altering the energy density
within a moving physical material. A propulsive force, by
definition, is a force that results in propelling an object. There
is no evidence on this record that appellant has been able to
achieve propulsion of a moving material of the type described in
appellant’s specification based on the theory disclosed therein.
Therefore, we agree with the examiner that appellant must disclose
specific experiments that resulted in the creation of a propulsive
force as claimed. Without a disclosure of the specific parameters
that resulted in the creation of a propulsive force as claimed, we
agree with the examiner that the skilled artisan would not be able
to make and use the invention of independent claim 1, that is, the
creation of a propulsive force based only on an energy density
altering means.
In summary, we have not sustained the examiner’s rejection of
the appealed claims under 35 U.S.C. § 101, but we have sustained
the examiner’s rejection of the appealed claims under 35 U.S.C.
§ 112. Therefore, the decision of the examiner rejecting claims
1-16, 18 and 19 is affirmed.
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