United States Federal Circuit

Lack of evidence of operability, balanced against several references showing that petitioner's results were irreproducible, properly resulted in a PTO determination that those skilled in the art would "reasonably doubt" the asserted utility and operability of cold fusion.

Appellate Information

• Decided 11/08/2000
• Published 11/08/2000

Judges

• PER CURIAM., Before PLAGER, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Dr. Mitchell Swartz, pro se, of Wellesley Hills, Massachusetts., Albin F. Drost, Acting Solicitor, U.S. Patent and Trademark Office, of Arlington, Virginia, for the Director of the United States Patent and Trademark Office.   With him on the brief were John M. Whealan, Acting Deputy Solicitor, Mark Nagumo and Stephen Walsh, Associate Solicitors.   Of counsel were Maximilian R. Peterson and Nancy C. Sluter, Associate Solicitors., Eugene F. Mallove, Sc.D., amicus curiae, New Energy Research Laboratory, of Concord, New Hampshire., Scott R. Chubb, Ph.D., amicus curiae, Research Physicist, Research Systems, Inc., of Burke, Virginia.