The U.S. Patent and Trademark Office (USPTO) now rejects patents claiming cold fusion. Esther Kepplinger, the deputy commissioner of patents in 2004, said that this was done using the same argument as with perpetual motion machines : that they do not work. Patent applications are required to show that the invention is "useful", and this utility is dependent on the invention's ability to function. In general USPTO rejections on the sole grounds of the invention's being "inoperative" are rare, since such rejections need to demonstrate "proof of total incapacity", and cases where those rejections are upheld in a Federal Court are even rarer: nevertheless, in 2000, a rejection of a cold fusion patent was appealed in a Federal Court and it was upheld, in part on the grounds that the inventor was unable to establish the utility of the invention.