Tuesday, February 18, 2014 12:00:59 PM
1. The miner must be able to prove that the mined can be mined at a profit when the application for patent was filed (1991), 2. The mine must be able to maintain marketability until the patent hearing (2004). 3. The miner must be able to show the mine can be mined at a profit at the time of the hearing.
The miner (McFarland and his company)could not prove that the mine could be mined at a profit when the patent application was filed, but succeed in proving that it could be profitably mined at the time of the hearing in 2004, so they lost. It's all there in the BLM file, for those who want to read it.
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