In anticipation of eventual court review the following was prepared as a rough draft of petitioner's argument. (example only)

Mr. Chief Justice, and may it please the court. If I could start by stating sub silentio that the petitioner is,

amicus humani generis

The question of federal law that overrules conflicting constitutional law is at issue here. This court's definition, viable v. non-viable applied to human structure, is based on an arbitrary cut-off of time imposed upon the structures development process, with full knowledge of the required time it takes for the structure to fully develop. To impose a contrived set of standards that predicts a dire repulsive outcome in the name of justice as in the case of viable v. non-viable (fetus), is an act of human betrayal performed at the highest level and foretells of a dark page in history.

The unitary energy structure of the invention is the foundation (constitution), that supports life, likewise as the U.S. Constitution that embodies this court supports life of the nation. To grind a constitution to pulp in order to piece it back to fit every whim and fancy by persuasion and privilege from those committed to profit, who would blend its essence as it were, with promise to cure diverse ills of the nation, equates to vintage wine spent to improve bad wine -- a bitter act.

The inventor set out to teach the basic function and mechanism of energy that expresses a unitary energy structure (host) to which variable structures (Fabricated Energy) attach and form a symbiotic relationship. Time is the key ingredient that allows the Fabricated Energy structure to attach to a Unitary Energy structure. Together they function as "root stock" to support a particular form of life. In this instance human. The mightiest of opposed energy structures are kept apart simply by the precision of their timed function. Whereby, two identical but opposite natures attempt to join together (what creation separates), instead share of themselves and reproduce. Opposed nature of energy expressed in the invention, also demonstrates how their precise timed separation allows fully developed assemblies of energy and matter (particles) to appear simultaneously. Thus, man sees woman and woman sees man. The slightest break in time of existence separation between opposing particles brings chaos.

The invention utilizes the variable aspect of the structure to effect the mechanics that preserve the M + E of the structure located in the PO region as defined in the drawings and specifications of the invention

The appeals court and PTO's admitted failure to understand the invention results in the court's drastic flight to use a primitive, conventional definition of "energy" rather than the otherwise detailed definition provided in the greater part of the patent application.1

The issue: The appeals court does not allow the inventor's definition, and so the nature of the invention is not understood and is rejected for want of qualified subject matter under § 101. Property rights are denied the petitioner. On the other-hand, this court also does not understand the nature of life (human) as a matter of law, yet assigns vague definition, i.e., non-viable v. viable (fetus) that goes beyond the courts constitutional jurisdiction, and so is given to a third party (physician[s] for their interpretation - and accepts the (physician[s] decision to allow or disallow the right of privacy to breach or uphold a contract as a matter of law. Here the conflict of constitutional law appears transparent.

However, regardless of any conflict of constitutional law, definitions applied by this court to what the court does not discern as a matter of law, for want of understanding, must carry the law equally. Whatever this court interprets and leaves to the physician's expertise and field of knowledge, must likewise, interpret and leave to the petitioner's expertise and field of knowledge.

On behalf of the common human reference, "ME", the petitioner comes before this court by way of invention. To beg this court, if it deems as inalienable the source and time-honored structure from which the human flows then the petitioner relents to the natural order of this court. But, if the elements of the non-viable (fetus) are found as a matter of law patentable under § 101 the petitioner request sustained justice and patent protection provided for in the statutes. Else, the petitioner by nature of the invention seeks natural recourse.

What is said of 'true' knowledge is rarely seen; though its effect sets the course of our journey. A time approaches when the human must defend its place as a species, to know that weapons of the archenemy are not common or conventional, but rather they are found in, 'Bags of Temptation' filled with promises, cures and the good life - freedom for ALL! While these twist and turns appear to make the human less the beast, they instead make the human more the parasite, until finally… the Unitary Energy Structure rids itself of the parasite and another life form takes its place. Hopefully the so-called non-viable regains its place -- redeemed.

Today's disease -- tomorrows cure.

Today's cure -- tomorrows disease.


1 The court's way to come out from under. However, the basic principles of energy hold true to any assembly of energy, i.e., Bp's' Bp's on to stars, etc., Cosmos - no less than the assembly of ME the Human, this Government -- this Court.

3The use of a third party that act as agents of the court stares in the face of the 10th Amendment Bill of Rights. Denies the person, the citizen, right to property and tools for the protection and preservation for non- medical purposes the essence of these pre life structures.


See proposal to open source the content of the Patent Application "Fabricated Energy"


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The following is an excerpt from, Oink to Ointment :


Antiok Confronts the Worldly Spirit of Man

Antiok: There is no need to know your scratchings to judge your place. The message received of your values; the castaway seeds, of sprouts rejected is obvious. You taint the innocent to know of them and that appears to be their only value to you.

Worldly Spirit: It is, my friend Antiok, not that we do not value these things, but to improve the sad lot of mankind we must know of them, to improve man to make him perfect. We know we can do this. Our record speaks for itself. It is only for the best that we do these things.

Antiok: Curses swirl around your work. Your life that you prize more than these gifts are rejects. Your place, your system, appears ripe, soon to scatter. For when you came to know of these things. Your products, that is - your waste, your rejects tell all.

Worldly Spirit: You talk foolish Antiok, you are uneducated, the world is starving, and we will feed the poor cure the sick.

Antiok: Cure and feed. You speak as a God, Worldly Spirit. There are signs that tell of wheat's time for harvest. So too, the signs of man tell when he is ready for his own harvest. The Cosmos seeks these signs within itself. Those you reveal Worldly Spirit, are the pangs of labor, of birth's nearness of the Cosmos. How you are to be plucked can be seen when you rip your own seed and sprout apart - fool. Are you a crop to be savored or weeds to be destroyed? How does it look from there where you are? Is it what would please you, can you judge of its worth as you step upon the altar of another? Are you stepping there as Judge - as fool?

Worldly Spirit: I protect the real treasure of life. A fool you call me. Look about and see all our greatness. Our government, its constitution, the hospitals, great institutions of learning, the health of our children - our religious tolerance. We can cure - does a fool accomplish such good things, Antiok? You come to take these things from the world, I know. That I will not allow.

Antiok: Those who choose you for whatever you are to represent them, judge themselves likewise. When there, at that place you usurp, what then would be your treasure? It appears once there, you and your kind are bare-ass worthless, the treasure you once possessed, the pride of your being, your rejects, those are the treasures we seek. You sit upon the Alter of another Fool - to drift into oblivion to serve his purpose; never will you know of true treasure.

Antiok reflected a bit longer. "Another fine harvest, man cannot but do his job well, his worldly purpose can only be met by the conflicts of life. The butcher's knives must meet the opposing wheel to grind dullness away, to bring on the fine edge. The hone of life's struggles keep man's edge keen. Fear not the enemy; use him as your stone to grind to edge your purpose, an edge blunted on or against your own kind because of or with its abuses. The merciful nation's weapons are sharp, swift and decisive in battle. Blunt weapons of tyranny are cruel, they torture and mangle a humanity into heaps of trash - maintain perpetual turmoil."





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