Yep,
 lawyers involved in what I call the 'scientific method' seems to be a bad idea.

See:
...
In the 19th century, the invention of perpetual motion machines became 
an obsession for many scientists. Many machines were designed based on 
electricity. John Gamgee developed the Zeromotor, a perpetual motion machine of 
the second kind. Devising these machines is a favourite pastime of many 
eccentrics, who often devised elaborate machines in the style of Rube Goldberg 
or Heath Robinson. Such designs appeared to work on paper, though various flaws 
or 
obfuscated external energy sources are eventually understood to have 
been incorporated into the machine (unintentionally or intentionally).
...
Proposals for such inoperable machines have become so common that the United 
States Patent and Trademark Office (USPTO) has made an official policy of 
refusing to grant patents for perpetual motion machines without a working model.
...
http://de.wikipedia.org/wiki/Perpetuum_mobile

#####################################
 wrt 'scientific method':
...
Scientific inquiry is generally intended to be as objective as possible in 
order to reduce biased interpretations of results. Another basic expectation is 
to document, archive and share all data and methodology so they are available 
for careful scrutiny by other scientists, giving them the opportunity to verify 
results by attempting to reproduce them. This practice, called full disclosure, 
also allows statistical measures of the reliability of these data to be 
established (when data is sampled or compared to chance).

...
http://en.wikipedia.org/wiki/Scientific_method

With rare exceptions LENR researchers (not scientists) want to keep their magic 
sauce, and try to trick the patent-system to patent an aspect of their 
method/machinery, which maybe necessary, but not essential nor sufficient.

This is understandable, but counter to the scientific method.

And I would be very surprised if the public accepted a device on a wide scale 
in their basement, which has potential substiantial hazards


To cite Feynman:

...
warning against self-deception, the original sin of science, saying that
 "the first principle is that you must not fool yourself, and you are 
the easiest person to fool." To avoid self-deception scientists must 
bend over backward to report data that cast doubt on their theories. Feynman 
applied this principle specifically to scientists ...




________________________________
 Von: James Bowery <[email protected]>
An: [email protected] 
Gesendet: 17:25 Mittwoch, 19.September 2012
Betreff: Re: [Vo]:Godes/McKubre 100% reproducability
 

No.  Patentability criteria are:  Novel, non-obvious and useful.  The utility 
of a patent does not exist if it doesn't actually work.


On Wed, Sep 19, 2012 at 10:13 AM, Craig Haynie <[email protected]> wrote:

I wonder why the Patent Office cares if the device actually works? The
>criteria should be that the work is original, complex, and involved a
>significant labor investment. Instead, we have Amazon patenting a 'point
>a click' method of purchasing, and we have the 'cat and laser' patent.
>
>http://www.google.com/patents/US5443036
>
>These are nonsense, and threaten the whole concept of intellectual
>property, whereas original, creative, labor intensive, design, is denied.
>
>Craig
>
>

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