In re Brueckner

MILLER, Judge.

This appeal is from a decision of the Patent and Trademark Office (“PTO”) Board of Appeals (“board”) affirming the examiner’s rejection of appellant’s claims1 under section 151 of the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2181), on the ground that the claims are to an invention useful solely in the utilization of atomic energy in an atomic weapon. We reverse.

BACKGROUND

Appellant’s invention relates to a fuel pellet configuration used in controlled nuclear fusion systems; also, to a method of increasing the efficiency of a fusion burn of the fuel. Claims 1 and 2 are…