Primary Life structures
No. 01 - 262
Supreme Court of The United States
IN RE FRANK R. BONCZYK
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
BRYSON, and Linn, Circuit JudgeS
LOURIE, Circuit Judge
On Petition For Writ Of Certiorari
To The U.S.
Court of Appeals For The Federal Circuit
PETITION FOR WRIT OF CERTIORARI
Frank R. Bonczyk
Introduction: By consent or assault certain act[s] are performed between persons of opposite nature (donor and recipient) whereby, inherent properties of their being combine to create a structure[s] with certain inalienable function[s] and ability. The created structure[s] assembles toward an inevitable, time honored, predisposed conclusion-in this case human.
The invention "Fabricated Energy" claims and specification evoke property rights of, but not limited to elements structure[s] and matter created and given up by a constitutionally protected right of privacy. Hence, matter given up that does not serve the ends nature originally provides is available to serve, source and host human-made elements of the invention.
Whether human-made elements of primary life structures that define the essence of this Court's vaguely defined non-viable (fetus) patentable subject matter under 35 U.S.C. §101.
Colautti v. Franklin, 439 U.S. 379 (1979). A judiciary trend expands, whereby
the court recognizes and relies on physicians to decide jurisdiction of constitutional
matters with one hand and practice medicine with the other as if they held sacrosanct
power that goes beyond the court.
2 Court reliance (appendix P5) on the definition, "McGraw-Hill Dictionary of Scientific and Technical Terms 680 (5th ed. 1994). "Energy per se is the capacity to do work…" is wrong. Wrongs to ignore the petitioner's application that define in full detail the principles and functions of energy used to construct the invention. Perrin v. United States, 444 U.S. 37, 42 (1979) "unless otherwise defined, words will be interpreted as taking their ordinary, contemporary, common meaning"
courts imposition of greater conditions and Constitutional law sans adequate definition of human life. 3 Here, there is a conflict, because the federal scheme did not simply permit the claim[s] their intended expression in specified circumstances but limited the claims to other circumstances. 4 There is no conflict among the court of appeal and the Board on the questions presented by petitioner, as Board admits, "…we simply do not understand the nature of the invention." 5 (Opinion 3, 4). Petitioner nonetheless urges this
The U.S. Supreme Court does not define and claim life in its jurisdiction except
for those instances where Constitutional law applies to viable human life. However,
under provision of the 10th Amendment Bill of Rights, the petitioner does not
preempt this court to define patent claim limits outside the court's constitutionally
defined jurisdiction of non-viable structures (fetus); the evident qualified §101
statutory subject matter and property of those claim[s].
4 Opinion's reliance (Opinion. 5-6) on Diamond v. Dier, 450 U.S. 175, 185 (1981), O'Reilly v. Morse, 56 U.S. (15 How.) 62, 113 (1853), In re Perrigo. 48 F.2d 965, 966, 9 USPO 152, 152 (CCPA 1931), is also misplaced. Those decisions concern the issue whether a court should rely on subject matter that does not qualify as §101 statutory subject matter rather than fashion federal common law rule when the court must fill in the interstices of a patent claim constitutionally defined. They do not concern the question presented here-under what circumstances federal law preempts conflicting constitutional law.
5 Energy is the source of all life. To know life one must understand the basic principles and function of energy. The petitioner's patent application claim "energy rootstock" of primary life structures in whole or of their individual parts and named the original elements M + E in Description of Preferred Embodiment, BON and ZYK , which has precise meaning, respectfully referred to simply as, Sphericals. The petitioner assumes the obvious nature of the invention. If misunderstood by the PTO, great hazard looms. The PTO bound by such innocence now compromise to provide patent protection to applicants whom simply cannibalize the essence of petitioner's claim, e.g., patent No. 5,851,832 among others.
Court to grant review on the basis of "the decision emerging from the court of appeals conflict with this Court's ruling by law, thereby deprive substantive due process and protection of property rights. This Court's review is warranted based on petitioner's assertion that the appeals court applied different and vague rationales 6 in reaching their uniform results.
6 The court/PTO language excludes the PTO's admitted mistake in its opinion, (See Examiner's Ans. P30), defers PTO's conflict of reason, (See Pet. Inf. Br. P13-14) as irrelevant. On the contrary, the flux of conflict posed by the PTO misguided the petitioner. Effort to satisfy the patent requirements went amiss and continued throughout the patent process until finally the PTO admitted it was mistaken -- dropped the 'already exist in nature' and held to the 'theoretical abstract concept' -- time run out.
ME O! MY! O! HOW I CRY for they are all "ME" whom DIE! What ingenious illusion now remains to keep the fatuous coin alive? Does the value of paper coin also, die in the u.s.s.c.'s "The Great Lie?" For only the soul pays the way on the road to FREEDOOM.
A penny for your thoughts, but not your soul_it remains free. That's the LAW! AO
OOps! Did the some bodies forget somebody! Of all the experts on Banks & Banking _ The some bodies of Banking over site...overshadowed Truth plainly revealed in Comptroller of the Currency records. Instead, with feigned ignorance of the events, they cleverly contrived acts in consort with the Greatest Sinner of all. Acts that are publicly proclaimed so benevolent, a Saintly Halo now appears atop the Great Sinner's head. (Check out page 21)
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