Over on the Italian Cobraf forum, poster Nevanlinna has uncovered some interesting documents connected with Andrea Rossi’s US Patent application.
There is a document that was written on September 25th, 2014 by James V. Costigan of the intellectual property law firm Hedman and Costigan in New York City titled “Petition for Suspension of Action under CFR 1.103”.
In the document, Costigan asks the Comissioner for Patents to suspend action on the patent — which has been rejected by the patent examiner because it was considered to be inoperable. Costigan states in the letter that the applicant (Rossi) is aware that third party tests are being carried out, and ‘believes that the results of these tests will be pertinent to the outstanding rejection’, and requests that the prosecution of the application be suspended for a period of two months.
This US federal regulation (CFR 1.103) states the following:
(a) Suspension for cause. On request of the applicant, the Office may grant a suspension of action by the Office under this paragraph for good and sufficient cause. The Office will not suspend action if a reply by applicant to an Office action is outstanding. Any petition for suspension of action under this paragraph must specify a period of suspension not exceeding six months. Any petition for suspension of action under this paragraph must also include:
(1) A showing of good and sufficient cause for suspension of action; and (2) The fee set forth in § 1.17(g), unless such cause is the fault of the Office.
It seems then that one purpose of this third party test is to help Rossi secure his patent, which currently is in trouble. This document is another indication that we should see the report in the near future, and that Rossi has a level of confidence in the results of the test that goes beyond the ‘it could be positive or negative’ statements he has been regularly making.