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   COMMISSIONER'S DECISION

 

Sufficiency of Disclosure, Operative Device: Parts of the disclosure refer

to a battery driven device, and other parts discuss the device as being an

inexhaustible source of energy. The rejection was affirmed for lacking a

correct full description of the operation and for lacking adequate inform-

ation to construct a working device.

 

                  ********************

 

Patent application 418,044 (class 310-70) was filed on December 17, 1982

for an invention entitled "Energy Releaser". The inventor is Arpad A.

Boday. The Examiner wrote a final action on July 13, 1983 refusing the

application under Section 2 of the Patent Act for being inoperable.

 

The alleged invention relates to the release of magneto-dynamic energy of

permanent magnets in order to win mechanical movement. The apparatus is said to

consist of a permanent-magnet armature device with controlled multi -magnet

fields in a motor.

 

Figure 6 of the disclosure illustrates the device as follows

 

                                <IMG>

 

In the Final Action the Examiner rejected the application under Section 36(1)

of the Patent Act, for insufficient disclosure, and under S.2 for lack of

utility. He stated (in part):

 

...

 

   The main difficulty in examining this application is the

fact that language, expressions and terminology used, and

many ideas and opinions expressed in this application, are

so unconventional that they cannot be understood even by our

experienced examiner. Though they all have a meaning to the

inventor, many of them are meaningless to an examiner, scientist

or engineer; for instance, it is not clear what is meant by

"free from load property", "artificially induced reciprocal

permeance" or "pursuance of the oppositional potential"

(see top of page 6). It is not clear either, what is meant

by a "controlled magnet gun" and what it is shooting (see

page 4, lines 21 and 43).

 

   It is found, therefore, that the present disclosure is quite

confusing. The drawings are of no help because they are not

properly explained and do not explain the disclosure. (See

 

   Section 36(1) of the Patent Act.)

 

   For the examiner, facts are more important than the language used

by the applicant in his above letters, and the only clear fact

that emerges from the study of this disclosure is that applicant

believes that he has invented a permanent magnet device which

is an "Inexhaustable Energy Source" which "does not require for

its operation supplementary shipment of natural energy incorporat-

ing fuel". (See page 7, lines 25 to 27.) This fact places-

applicant's device firmly into the class of perpetual motion devices.

 

  It is again established that the present alleged invention is directed

  to a typical perpetual motion device which, according to present know-

  ledge of science and technology, is inoperable, and therefore not useful.

  The present application is therefor a again rejected in view of Section 2

  of the Patent Act.

 

  ...

 

In reply to the Final Action Applicant argued that the rejection is unjustified

and that he is entitled to a patent.

 

The issue before the Board is whether or not the application describes an opera-

five and useful apparatus.

 

Claim 1 of the application reads as follows:

 

   Every of such magneto-dynamic energy releaser apparatus,

which is an Automatically Running Permanent-magnet Arma-

ture Device (A.R.P.A.D.) with Magnet Gun(M.G.) controlled

multi-magnet fields as an energy transducer of the permanent-

magnet's magneto-static stationary fields for magneto-dynamic

energy to winning a mechanical movement and/or a generation

of electric current, regardless of the direction and the

path of the motion, or of the kind and power of the current.

 

In his letter of April 21, 1983, Applicant has made several statements

that his apparatus uses an external source of energy. In part 7 for exam-

ple, he refers to figures 5 and 6 as showing a circuit that includes a

battery as the external source of energy. In part 8 Applicant mentions

three terms found on page 6 of the application in which external energy is

used, and we agree that those terms are found there. We also note in

paragraph 1 on page 6 that Applicant says the electronic circuits are not

part of the invention. This statement is reinforced by the information

appearing on figure 6 that the electronic circuits are not the object of

the invention. In part 9 Applicant explains that the motor and the energy

releaser operate when the switch is in the on position, and stops when the

switch is off. Further, in lines 26 to 28 on page 6 of the application, we

note that speed regulation or progressive rotation is said to be possible

by electronic regulation of flux control. The view is also expressed on

lines 30 to 34 that the property of the preferred embodiment is that "the

use of all materials are regenerable or reuseable, except for the ball

bearing...".

 

It seems from the above parts of the disclosure and his explanation that

Applicant realizes there must be a power source to regenerate energy

taken from his device. His recognition that he uses a switch to

start or stop his device, which includes a battery, strengthens the view

that an external force is needed to provide the operation of the magneto-

dynamic device from which he says he obtains energy. We derive from Applicant's

disclosure, therefore, that the output of energy from his device will

continue only so long as there is a battery. While Applicant says in lines

39 to 45 on page 7 of the disclosure that his device does not require

supplementary energy from sources such as "...water fall, coalmine, sunlight,

wind-blow etc...", he has provided information that his device includes a

battery as a source of energy.

 

We are unable therefore to support the rejection that the application is

directed to a perpetual motion machine in view of the above portions of the

disclosure and Applicant's arguments concerning the battery.

 

There are other portions of the disclosure however, which have not been

understood by  the Examiner.  Lacking an understandable description he re-

fused the application. We now  review them.

 

Applicant has disclosed and argued that he has an 'Inexhaustible Energy

Source'. We do not share his view that he has an inexaustible source of

energy, because of his own explanation that he provides an external source

of energy.  In our opinion it is well known that if an external energy source

drives a device it may be possible to withdraw some of that energy for useful

purposes. We are satisfied that Applicant's statements that the magnets,

per se, provide an inexhaustible source of energy, are not acceptable. Indeed,

the parts of his disclosure noted above and the arguments in his letter of

April 21, 1983, outlining the presence of an external source, negate such a

concept.

 

In paragraphs 2 and 4 of page 1 of the application, it is stated that the

controlled multi-magnetic fields regulate an automatically running perman-

ent magnet armature device. On page 3 lines 25 to 43, Applicant says his    

invention makes possible the release of an inexhaustible source of energy

which he refers to as Magneto-Dynamic Free Energy, and at the same time he

says there are no "...lesses, no Joule-heat, nor magneto striction, etc.,

occuring which makes possible the magnetic field control without power

and energy."  The above passages from pages 1 and 3, in our view, are

directly contrary to what has been disclosed by Applicant in other portions

of the disclosure, and to what he has argued in parts 7, 9 and 12 of his letter

of April 21, 1983.

 

On page 4 line 21 to page 5 line 18 of the application several equations

are referred to, as is a magnet gun, as well as a statement which infers     

that increasing the power of the released magneto-dynamic energy is independ-

ent from the used external energy of the electronic control, and another

statement that the external energy for the electronic control takes no

part in the motive power. This portion of the disclosure does not explain

or clarify the significance of the equations nor adequately describe the

operation of the magnet gun. The two statements are also contrary to

what Applicant argues in parts 7, 9 and 12 of his letter.

 

We refer again to page 1 of the disclosure. On lines 21 to 26, Applicant

refers to his motor as being an "invented complex of devices... which is...

an energy transducer of the permanent-magnet's magneto-statical stationary

fields for magneto-dynamic energy...". As previously noted however, there

is a statement on figure 6 that several parts of the complex shown ...are

not object of the invention". These two passages are contradictory. They

are also vague because, from our reading of the disclosure, there is no

clear indication nor comprehensible description of the operation of the re-

maining parts which are all that is left to be considered.

 

We are satisfied therefore that these other portions of the description of

the operation of the device are unclear and not understandable.

 

In part 12 of Applicant's letter of April 21, 1983, he says that he has built

an operable and useful model of a motor having a magnet gun, and that it is

open for Patent Office inspection. He comments that its size is not accord-

ing to the Patent Rules, i.e. Rule 31(2), as it exceeds 12 inches and, it is

not possible to miniaturize it. We note that although Applicant argues that

he has built working models, and the Examiner has alluded to the fact that

Applicant may submit one, there is no model before us, nor any documented

evidence of the working of any model.

 

The Examiner has also rejected the application on the ground that the models

that Applicant refers to in his letter of April 21, 1983, "...cannot be con-

sidered operable because they have not been described as operable", and

then adds "Whatever is described in the disclosure is perpetual motion

which is inoperable...". While we are able to agree with the Examiner

that certain portions of the disclosure are not understandable, we also

recognize Applicant's argument that the disclosure includes a reference to

a battery operated device. However, we are not prepared to say that the

models to which Applicant refers, but which we have not seen, are not oper-

able. Likewise we are not disposed to agree with the Examiner's general

statement "Whatever is described...is perpetual motion which is inoperable...",

lacking a full discussion of all the parts which are viewed as forming such

a device.

 

In the Final Action, the Examiner expressed difficulty in understanding cer-

tain expressions and terminology, and found the disclosure confusing. He

considered that the drawings were not helpful because in his view, they were

not properly explained, and he directed Applicant's attention to Section

36(1) of the Patent Act. We have noted carefully Applicant's extremely

vigorous urgings and statements in his letters of April 23, 1983, and Dec-

ember 27, 1983. We are guided instead by the decision of the Exchequer Court

(now Federal Court) of Canada in Minerals Separation Noranda Mines (1947)

Ex CR 306 at 316:

 

   Two things must be described in the disclosures of

a specification, one being the invention, and the

other the operation or use of the invention as

contemplated by the inventor, and with respect to

each the description must be correct and full. The

purpose underlying this requirement is that when

the period of monopoly has expired the public will

be able, having only the specification, to make the

same successful use of the invention as the inventor

could at the time of his application.

 

And at page 317:

 

   When it is said that a specification should be so

written that after the period of monopoly has expired

the public will be able, with only the specification,

to put the invention to the same successful use as

the inventor himself could do, it must be remembered

that the public means persons skilled in the art to

which the invention relates, for a patent specification

is addressed to such persons.

 

We have studied the specification bearing in mind the above decision and we

have not been able to understand the alleged invention, neither from the

written description nor from the letters submitted. We find no description

in the disclosure of the manner in which the automatically running per-

manent magnet armature device is caused to be, or achieves a state of,

automatically running, nor how the permanent magnets provide an inexhaust-

ible energy source. We are not persuaded by Applicant's arguments nor by

the disclosure, drawings, and claims, that the application provides an

adequate and clear description of the operation of the apparatus. In

summary, we are satisfied the specification neither describes how Applicant's

device operates, nor provides adequate instructions to construct, make or use

a working machine, as required by Section 36(1) of the Act.

 

Therefore, after carefully reviewing the specification and Applicant's

arguments, and bearing in mind the direction provided by the Exchequer Court

decision, Minerals Separation v Noranda, supra, we recommend that the reject-

ion of the application be affirmed, for lacking a correct, full, description

of the device in terms which are clear and concise so that a person skilled

in the art would be unerringly directed to make, construct and use the

invention.

 

A. McDonough            M.G. Brown        S.D. Kot

Chairman                Assistant Chairman      Member

Patent Appeal Board

 

I have carefully reviewed the findings and the recommendation of the Patent

Appeal Board. Accordingly, I refuse to grant a patent on this application.

Applicant has six months within which to appeal my decision under the pro-

visions of Section 44 of the Patent Act.

 

J.H.A. Gari‚py

Commissioner of Patents

 

Dated at Hull, Quebec

this 16th. day of August 1984

 

Agent for Applicant

Arpad A. Boday

30 Antrim Crescent #912

Scarborough, Ontario

M1P 4S4

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