The reason that Andrea Rossi is so desperate to frame his E-Cat as "nuclear" is no mystery among patent attorneys who have looked into the various filings.
Here is the first reason (priority date 2000): http://www.google.com/patents/about?id=1rHHAAAAEBAJ&dq=20090146083 Rossi's side may counter this broad application - and they might admit that even if there are no nuclear reactions in the E-Cat, then the Mills' application is for catalytic hydrogen gain in a NON-nuclear reaction of Ni-H is framed for a plasma reactor, and NOT for gas-phase. They could possibly win on that - BUT - Mills did revise this earliest application, more than once - and claim 206 in the newest version states explicitly: [0206] "According to an embodiment of the invention, a reactor for producing hydrinos, plasma, and power may take the form of a hydrogen gas cell. A gas cell hydrogen reactor of the present invention is shown in FIG. 3. Reactant hydrinos are provided by a catalytic reaction with a catalyst such as at least one of those given in TABLES 1 and 3 and/or a by a disproportionation reaction. Catalysis may occur in the gas phase." And, as you might imagine - Nickel is listed in Table 3. Catch-22 for all of this is: what priority date does Mills get on this claim, since it was not in the original year 2000 filing? If Rossi has can prove an earlier priority - then the situation could be interesting. If Defkalion is really looking at this technology as a long-term business venture and not as a 'pump and dump' - then the smart thing to do IMHO - would be to work out something with BLP ahead of time, and this could be possible since Rossi may be a few months ahead on the priority date (this issue of dates is not crystal clear at the moment). Jones
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