Posted on 07/17/2003 5:30:12 AM PDT by Diogenesis
GOTTA FREEP THIS - Reconsideration of SCOTUS Pet. Cert by FReeper (exclusive)
U.S. Supreme Court Denies Inventor¹s Petition
-- Constitutional Rights Vaporized by the Whim of the Many
Excerpt below. This is Operation Accountability -Please help FReep the US Supreme Court to Reconsider
a Petition for Certiorari filed by a FReeper who is fighting to make sure
the US Constitution works for everyone.
The case will be reported in an upcoming column to be published
this month ["Eclectic Observer" column by Dr. Eugene F. Mallove
in the upcoming August 2003 Infinite Energy].
With the courtesy of the Editor (Dr. Mallove is another Freeper),
here is the column (before it hits the newsstands) so that there
may be a chance to shift SCOTUS's mind from sex to the US Constitution.
Please read this and help if you care about US security AND/ OR
the rights of the individual as protected by our Constitutution.
The Excerpt follows a brief background
========================
BACKGROUND: This alternative energy for the US has been
confirmed by several US laboratories
including the US Navy. and other agencies.
For FReepers and scientists who care about what is going on:
New Scientist Features Cold Fusion
"No sooner had cold fusion surfaced than it was written off, and the idea of
extracting virtually limitless free energy from water became taboo. So how come
a small band of experienced researchers working for the US Navy just can't let
it drop?"
Theoretical Framework for Anomalous Heat and 4He in Transition Metal Systems
Deuteron Fluxing and the Ion Band State Theory
Calorimetric Principles and Problems in Pd-D2O Electrolysis
Anomalous Effects in Deuterated Systems, Final Report
Thermal and Nuclear Aspects of the Pd/D2O System, Vol 1
Thermal and Nuclear Aspects of the Pd/D2O System, Vol 2
"...California is experiencing rolling blackouts due to power shortages.
Conventional engineering, planned ahead, could have prevented these
blackouts, but it has been politically expedient to ignore the inevitable.
We do not know if Cold Fusion will be the answer to future energy needs,
but we do know the existence of Cold Fusion phenomenon through
repeated observations by scientists throughout the world.
It is time that this phenomenon be investigated
so that we can reap whatever benefits accrue from additional scientific understanding.
It is time for government funding organizations to invest in this research"
Dr. Frank E. Gordon
Head, Navigation and Applied Sciences Department
Space and Naval Warfare Systems Center, San Diego
This is NOT urban legend.
This is a real invention. It measures low levels of energy accurately.
None of this involves rotary machines.
Some HAVE been confirmed by several US labs
None of the people developing this technology are asking for $$$$ from the government
[in contrast to some who actively suppress this],
but rather a 'level playing field'.
========================
[excerpt follows: }
U.S. Supreme Court Denies Inventor¹s Petition
-- Constitutional Rights Vaporized by the Whim of the Many
On June 9, a clerk of the U.S. Supreme Court rejected cold fusion inventor
Dr. Mitchell R. Swartz¹s pro se April 17, 2003 ³Petition for a Writ of
Certiorari,² which could have overturned a flawed decision by the United
States Court of Appeals for the Federal Circuit (rendered November 8, 2002)
in the matter of one of Dr. Swartz¹s inventions, and more importantly,
protected American inventors and strengthened the Constitution. Dr. Swartz¹s
invention is a multiring calorimeter (heat-measuring instrument) and method
used to examine and compare heat-generating metal samples with full thermal
controls (see Infinite Energy #20). The invention measures the heat which
the samples produce when electricity is driven through them. Some of the
heat is generated from the loading of hydrogen (a fuel) into palladium (a
metal which absorbs hydrogen in the same way that a sponge fills with
water). The invention accurately characterizes the ³activity² of the sample
and of other metals and of controls, where activity is defined as the ratio
of the output heat power given off by the sample compared to the electrical
input power delivered. Thus, the invention does not require cold fusion
excess heat producing methodologies per se. Nonetheless, the opposing forces
from the U.S. Patent Office, as if motivated by intense animosity toward Dr.
Swartz and his many years of patent applications within the cold fusion
domain, persisted throughout the entire process of this litigation to claim
that the invention involved ³cold fusion.² This is a concept that the
opposition from the USPTO did not cease to ridicule through the years that
this matter had been in process. The U.S. Patent Office under the
Commissioner for Patents Godici has systematically and wrongly refused to
issue many cold fusion and alternative energy patent applications‹even those
for monitoring (or measuring) energy, such as Dr. Swartz¹s invention. Dr.
Swartz told Infinite Energy, ³Godici¹s Patent Office has systematically made
the claim, even with the United States at war against terror, that energy
measurement, energy generation, and energy storage have no utility‹that is,
they are not useful. This must have been done with tongue deep-in-cheek
because the Patent Office has issued patents for inventions used to
Œpredict¹ lottery numbers based on astrology [e.g. Patent 6,371,482]
claiming that they have Œoperability¹ and Œutility¹ while the energy
measurement inventions do not.²
The case had reached the U.S. Court of Appeals in the first place after an
unsatisfactory outcome against Swartz at the Board of Patent Appeals and
Interferences earlier (filed 1998). Swartz¹s accurate and compelling
arguments in his pro se filing at the U.S. Supreme Court, formally against
Nicholas P. Godici, Commissioner for Patents, is to be contrasted to the
reckless and politicized arguments by the USPTO representatives that have
dogged Dr. Swartz¹s appeal process in the matter of this invention
application. Among numerous proverbial bombs inappropriately thrown against
Swartz were explicit references to the now provably flawed calorimetric
results of anti-cold fusion groups at MIT and at Caltech. Despite evidence
submitted by Dr. Swartz demonstrating their errors, the evidence was
ignored. The Patent Office also relied upon false statements about Dr.
Swartz¹s application claiming that ³temperature² and ³voltage² were not
mentioned when, in fact, they were. Also, statements taken clearly out of
context from Infinite Energy and other sources were devilishly employed to
oppose Swartz¹s arguments and those of many amicus curae, including this
Editor, who offered statements in support of the utility of the invention.
The battle is not over. Dr. Swartz has submitted a Petition to the Court to
reconsider the entire matter. The question he poses is: What is the
constitutional obligation of the Supreme Court to enforce the protections
offered by the Constitution (such as for a citizen to his/her invention)
when near-²unanimous² opinion appears to trump hard evidence (as the hot
fusion community has done to the copious proofs of cold fusion based upon
observed excess heat, de novo helium production, and isotope changes)? This
issue is important because patents should be based on evidence, consistent
with scientific standards of review.
========================
Dr. Mallove: From this observer¹s perspective, it will eventually take a Congressional
investigation to abolish the anti-scientific, anti-cold fusion hysteria at
the USPTO. How can Infinite Energy readers help? Interested readers can
inform the Supreme Court and tell them that the American people deserve the
fruits produced by all American inventors, and can inform the Commissioner
for Patents that he is wrong. [Commissioner for Patents, Nicholas Godici,
Phone: 703-305-8800; Fax: 703-305-8825; E-mail: Nicholas.Godici@USPTO.gov]
=========================
Commissioner for Patents, Nicholas Godici, Alexandria, VA 22313-1450
Mr. William Suter, Clerk, SUPREME COURT OF THE UNITED STATES
1 First Street, N.E, Washington, DC 205 43
202 479-3011 202 479-3000
Solicitor General 202 574-2217
=========================
=========================
It is unfortunate that the Patent Office ignores the Constitution and the American people.
It is also very unfortunate that the Solicitor General of the US remains disinterested in this matter
thereby reinforcing the impression that accountability remains on the "back burner" in Washington, DC.
Looking forward, if you believe in the wisdom of the founding fathers,
if you believe in the importance of US security and the greatness of American ingenuity,
especially when it comes to science and technology,
then do not let evil triumph by being silent.
Make the Founding fathers (and mothers, and Nikola Tesla) proud.
Please let your opinion be known
including to -- and with respect -- the SCOTUS and the Commissioner for Patents
(and President Bush who continues to support the myopic Commissioner).
We must remove and replace those who ignore
alternative energy inventions -- especially those supported by solid evidence --
which remain important to the United States and the free world.
What is a “Perpetual Motion Machine of the Second Kind”? This supposedly “impossible” kind of machine would take environmental energy from a single temperature reservoir (the environment) and convert it to work with 100% efficiency— without a lower temperature reservoir being used to accomplish this. Critics of the universal applicability of the Second Law believe such machines can be built. They suggest that they have experimental evidence to prove this. The ultimate proof, however, will have to be in robust engines that achieve this objective.
Rodney King's Law # 3: Behind every incomprehensible science posting is someone who claims to have a perpetual motion machine, yet no good explanation as to why they haven't produced it and made themsleves billionaires.
In case you care, Rodney King's law #1 I won't state because it will offend a lot of people here.
Rodney King's law #2 is Never, ever, take the side of the homosexuals on anything.
Please take your own inaccurate comments to a more relevant thread.
I didn't say that it was, but behind the post are people who beleive in perpetual motion machines.
Please take your own inaccurate comments to a more relevant thread.
How can I possbily know what the thread is about if it is utterly incomprehensible (which is usually a good sign about the quality of the underlying argument).
Even when it is as important as exposing the conspiracy to keep us all from having free and unlimited energy? Come on, who exactly is funding you? Exxon? /Sarcasm
Now who can't get excited about a question like this?
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