In reply to  Jones Beene's message of Tue, 21 May 2013 08:13:14 -0700:
Hi Jones,

You may be right. Time will tell.

>----Original Message-----
>From: mix...@bigpond.com <mailto:mix...@bigpond.com>  
>
>> If you go to
>https://register.epo.org/espacenet/application?number=EP08873805&lng=en&tab=
>doclist
>.... I get the distinct impression that Ni-62 was made specific in order to
>distinguish this patent application from others, IOW in order to obtain a
>patent at all.... I get the impression that Rossi is trying to get a patent
>without disclosing his "secret sauce", and the patent office isn't happy
>about it.
>
>Robin,
>
>The motivation you ascribe to Rossi makes little legal sense (not that we
>can be assured that Rossi fits into the category of a rational person). 
>
>Nickel-62 is the secret-sauce, now fully disclosed.
>
>Given that his wife is a lawyer and understands patent law and the
>importance of enforceability, and that trade secrets cannot be kept anyway,
>there is no attempt to manipulate the system here. She apparently handles
>the business end of Rossi's endeavors - as evidenced by the sale of his
>other business ventures, which she handled. Even if Rossi does not get good
>outside advice on everything, we have to assume he is getting proper legal
>advice from his wife. 
>
>Having an unenforceable patent in the USA is almost worse than having none
>at all, since you have wasted so much money in the process that you present
>an aura of weakness to anyone who wishes to copy your product. Almost every
>major product will have novelty - so that salient details can be protected -
>but if you try to patent a non-existent feature, or over-extend your novelty
>- then you are essentially telling the court: "I have no novelty worth
>protecting". His wife has no doubt seen and studied the impressive BLP
>portfolio of Intellectual Property - and she knows that it makes no sense to
>challenge that prior art. This patent is very specific, and is probably
>fully enforceable about the use of one isotope.
>
>Yet - for some reason, even Rossi's supporters balk at this suggestion,
>despite its obviousness. They apparently resist the implications of a rare
>isotope, because of a preconceived notion about the larger field of LENR
>providing almost limitless and "free energy". 
>
>This segment of Rossi supporters is so idealistic about going beyond what is
>now becoming obvious in the public record that they can be called "isotope
>deniers". In terms of psychology (human nature) the answer must be that they
>(isotope deniers) want LENR to be not only proved, but also to be proved in
>a way that makes all their other notions about its low cost and ability to
>quash fossil fuel - true, as well.
>
>Nevertheless, the reality of the recent Levi paper in the context of the
>recent final Rossi patent disclosure, appears to be:
> 
>1) LENR is real and robust when an enriched isotope of nickel-62 is provided
>
>
>2) LENR in therefore partially dependent on the availability of a rare
>isotope, although the effect can be demonstrated less reliably without it
>(using plain nickel). The bottom line: who wants an unreliable system? No
>even BLP.
> 
>3) Even though the nickel isotope will be brought down in cost, eventually,
>in the same way that U235 was, LENR may not propel society as rapidly into
>the lofty realms that supporters had forecast... which is to immediately and
>drastically limit oil consumption. The advantage will be with LENR in the
>long run, but it will be less apparent.
>
>4) The Rossi-effect can still make a huge - massive - qualitative difference
>- 10 years down the road and beyond, but it will not be simple, nor will it
>be as cheap as it once seemed.
>
>Jones
Regards,

Robin van Spaandonk

http://rvanspaa.freehostia.com/project.html

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