• 形成される/形成されている
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    形成される/形成されている

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    形成される/形成されている

    (FORMED)
    $$ A spring-loaded hinge mechanism interposed in a training golf club between a first shaft formed wit…

  • Two Steps Forward, One Step Back
    in: #AliceStorm, Abstract Ideas, Alice, bilski, Directed to, Eligibility, patent eligibility, sap, SAP America, SAP America v. Investpic, something more  | 

    Two Steps Forward, One Step Back

    By Greg Hopewell If the focus on fact finding in Aatrix, Berkheimer, and Exergen from earlier this year helped provide additional clarity on the analysis of “something more,” the SAP America decision, at least to my mind, failed to clarify, and possibly further muddied, the analysis. Reaching This Result Could Have Been Easy First, a representative claim: 1. A method for calculating, analyzing and displaying investment data comprising the steps of: (a) selecting a sample space, wherein the sample space includes at least one investment data sample; (b) generating a distribution function using a re-sampled statistical method and a bias…

  • Two Steps Forward, One Step Back
    in: #AliceStorm, Abstract Ideas, Alice, bilski, Directed to, Eligibility, patent eligibility, sap, SAP America, SAP America v. Investpic, something more  | 

    Two Steps Forward, One Step Back

    By Greg Hopewell If the focus on fact finding in Aatrix, Berkheimer, and Exergen from earlier this year helped provide additional clarity on the analysis of “something more,” the SAP America decision, at least to my mind, failed to clarify, and possibly further muddied, the analysis. Reaching This Result Could Have Been Easy First, a representative claim: 1. A method for calculating, analyzing and displaying investment data comprising the steps of: (a) selecting a sample space, wherein the sample space includes at least one investment data sample; (b) generating a distribution function using a re-sampled statistical method and a bias…

  • British approval of embryonic gene editing research brings CRISPR-Cas9 into focus

    England isn’t the only part of the world where embryonic gene editing research has been finding a foothold. In early 2015, researchers out of China published a paper reporting experiments in using CRISPR-Cas9 to edit a specific gene in an embryo’s genetic code responsible for a potentially life-threatening blood disorder. The research team found serious obstacles that need to be addressed before CRISPR-Cas9 can be used to edit genetic code in an embryo on a wide scale; these issues include low…

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  • Conference & CLE Calendar

    February 24, 2016 – “Patentable Subject Matter after Alice: Best Practices for Addressing 35 U.S.C. § 101″ (McDonnell Boehnen Hulbert & Berghoff LLP) – 10:00 am to 11:15 am (CT) February 24, 2016 – “Patent Law Year in Review — 2015 and a Look Ahead to 2016″ (Clear Law Institute) – 3:00 – 4:15 pm (ET) February 25, 2016 – “Negotiating Technology Transfer Agreements — Structuring Key Provisions, Anticipating and Avoiding Drafting Pitfalls, Addressing Cross-Border Challenges” (Strafford – 1:00 to 2:30 pm (EST) February 26, 2016 – 60th Annual Intellectual Property Law Conference (John Marshall Law School Center for Intellectual…

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  • CBS Sunday Morning on February 21, 2016 does US Patent 9,802

    Charles Osgood introduced the stories for 21 February 2016. Rita Braver does the cover story on the right to die, A Dying Wish. Second, Lee Cowan on book collecting. Third, Tracey Smith on Jennifer Jason Lee. Fourth, Seth Doane on snowmonkeys in Japan . Anna Warner on Harper Lee.
    Headlines. Hillary Clinton won Nevada caucus. Trump won South Carolina, and JEB Bush dropped out. Random shootings in Kalamazoo. Scalia funeral mass. Weather: midweek showers in northeast.
    Rita Braver starts with J. J. Hansen who had brain cancer, but who remains alive. Brittany Maynard. “Aid in Dying.” Barbara Combs Lee. Eve Elliott. Del Grosso stopped eating and drinking. Patients Rights Action Fund opposes assisted suicide. AMA opposes assisted suicide. In Oregon, 36% who get lethal prescriptions don’t use them.
    Almanac. Feb. 21, 1858. Edwin Holmes installed first electric burglar alarm . Bought patent from Augustus Pope in 1857 for $1500. The patent was US 9802, issued June 21, 1853. Electric street lamps made people more comfortable with electricity. In 1905, AT&T bought the Holmes Burglar Alarm company. Now burglar alarms a $22 billion business. Holmes is an example of a person who bought a patent from someone else and made product, and later sold his company to an even larger company.
    Lee Cowan on books filled with surprises. Called blooks, for book looks. Secret Sam’s. A portable altar. Crosley book raio. A book as motion detector. Dusty Evsky.
    Ben Tracey on B. J. Novak, from The Office. Mention of tasks of lawyers. Book “One More Thing.” Novak went to Harvard. “The Book with No Pictures,” written for pre-school kids. Benjamin Joseph Novak. Father was a ghost writer for among others Nancy Reagan. Maybe something crazy will happen. Inglorius Bastards of Tarantino.
    Umberto Eco and Harper Lee both dies on 19 Feb. 2016. Anna Werner discusses them. Mary McDonough Murphy.

    Seth Doane on snow monkeys in Nagano, Japan. Mark Hemmings. Japanese macaques.

    Steve Hartman in Lansing, Michigan on birthday party for police. Gary Hall from Los Angeles.

    Tracey Smith on Jennifer Jason Leigh from Fast Times at Ridgemont High. Single White Female. Her dad was Vic Morrow. The Leopard at Des Artistes. Last Exit to Brooklyn. Miami Blues. The Meryl Streep of bimbos. Tarantino. Hateful Eight.

    Conor Knighton “on the trail” to Mammoth Cave National Park. 405 miles of passageway. 1904: first automobile arrived at Mammoth. Kentucky cave wars. Great Onyx Cave. Crystal Cave of Floyd Collins. January 30, 1925. Nationwide story on radio. In 1941, Mammoth became a national park.

    David Martin with Michael Hayden. Stellar Wind. Head of CIA from 2006 to 2009. Dan Rooney. Once you are in a network …
    Hayden was first chief of Cyber Command. 2010 Stuxnet attack.

    Moment of nature. Midwinter snows in New Jersey Pine Barrens.

    SecurityBaron wrote of the Pope device:


    The device worked when an electric circuit closed. You connected doors and windows in parallel and by opening them interrupted the electric current. This caused the magnets attached to the sensor system to vibrate. The vibration caused a small hammer to strike a brass bell, alerting the homeowner or monitoring station that someone entered. A small spring mounted above the door or window kept the current interrupted, so closing the door or window again kept the current from flowing after it was tripped.

    Of Augustus R. Pope:


    According to Pope’s wife Lucy, Pope attempted to market his invention by advertising in several newspapers. He hired a salesman to help sell the device, and completed one installation in a shoe factory near Boston; however, failing health and the need to provide for his family prompted him to sell the patent rights to Edwin Holmes in 1858 for $1800.00 in cash and $8000.00 in notes. Pope passed away at age thirty-nine of typhoid fever on May 24, 1858.

    link: http://hillenblog.blogspot.com/2008/02/who-was-augustus-russell-pope.html

    **Recall another patent/Boston/typhoid case:


    The noted patient [Wilbur Wright] was seized with typhoid on May 4 while on a business trip in the east. On that day he returned to Dayton from Boston and consulted Dr. Conklin, the family physician. He took to his bed almost immediately, and it was several days before his case was definitely diagnosed as typhoid. Throughout the early part of his illness Wright attributed his sickness to some fish he had eaten at a Boston hotel.

    link: http://wrightstories.com/wilbur-wright-is-dead-after-a-long-struggle-for-life/

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  • Nearly 30 years after Reagan’s patent initiative, room temperature superconducting still a dream

    Superconductivity, and especially room temperature superconductivity, has been a holy grail of sorts, which the scientific community has sought for decades. Superconductors are materials which are capable of conducting electricity for an indefinite period of time without exhibiting resistance. This lack of resistance could revolutionize electricity transmission through a grid’s power lines, where as much […]

    The post Nearly 30 years after Reagan’s patent initiative, room…

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  • Heinz prevails in ketchup patent battle

    Trib Total Media noted a patent victory for Kraft/Heinz in the ketchup wars:


    A federal appeals court Friday [ 20 Feb 2016 ] upheld a decision canceling a Chicago man’s patent covering a condiment package, which the man claimed H.J. Heinz Co. infringed upon when it developed its Dip & Squeeze ketchup containers.

    Scott White sued Heinz in 2012 in federal court in Chicago alleging the ketchup-maker stole his idea for Dip & Squeeze. That case was stayed after Heinz asked the Patent and Trademark Office to re-examine White’s patent, which the office eventually canceled.

    link: http://triblive.com/business/businessbriefs/10004603-74/heinz-billion-dip

    The CAFC affirmed the PTAB on the IPR of US 8,231,026.

    The case brings up the use of figures. Here, oddly, the appellant was arguing for an inherent feature.


    Mr. White’s amalgamation of these figures and analysis
    is misplaced. We have consistently found “patent
    drawings do not define the precise proportions of the
    elements and may not be relied on to show particular
    sizes if the specification is completely silent on the issue.”
    Hockerson-Halberstadt, Inc. v. Avia Grp. Int’l, Inc., 222
    F.3d 951, 956 (Fed. Cir. 2000); see also In re Wright, 569
    F.2d 1124, 1127 (CCPA 1977) (“Absent any written description
    in the specification of quantitative values,
    arguments based on measurement of a drawing are of
    little value.” (citation omitted)).

    Mr. White further argues that “a physical stop or lockup
    seal [i.e., adhesive] is necessarily present because
    Selker would otherwise be susceptible to over-peeling that
    would render it inoperable.” Appellant’s Br. 30. Without
    a stop, Mr. White contends, Selker would not work for its
    intended purpose. Id. at 14 (“A stop . . . is fundamental to
    Selker’s operation.”).

    (…)

    Both Mr. White and Heinz submitted declarations detailing
    their respective positions on why a stop was or was
    not present in Selker.

    THEN, another inherency argument:

    Mr. White next argues that, even if the PTAB correctly
    found that Selker does not inherently disclose a stop,
    the PTAB committed legal error when it asked him “to
    demonstrate Selker inherently disclosed the absence of
    the totally removable limitation.” Appellant’s Br. 26. Mr.
    White contends that in order for Selker to anticipate the
    ’026 patent claim limitation of “totally removable,” it
    “must have ‘necessarily’ disclosed a totally removable
    cover.” Id. (quoting In re Montgomery, 677 F.3d 1375,
    1380 (Fed. Cir. 2012)). He explains “[i]t is not enough
    that Selker likely or probably discloses a totally removable
    cover . . . .” Id. (citation omitted). Mr. White also
    contends the PTAB “improperly shift[ed] the burden of
    demonstrating inherency” because “it was the Examiner’s
    and the Board’s responsibility to show the limitation was
    necessarily present.” Id. at 23 (citation omitted).
    Mr. White’s argument is contrary to the PTAB’s findings.
    Here, the PTAB determined that “Selker neither
    depicts in any drawing, nor describes in any textual
    disclosure, structure that might prevent the cover from
    being removed from both ends of Selker’s package.” J.A.
    5. Rather, the PTAB determined that Selker expressly
    “disclose[d] reliance upon the user to refrain from peeling
    the cover back from either end of the package any more
    than necessary.” J.A. 5–6.

    The PTAB did not err in its analysis of inherent anticipation.
    Inherent anticipation requires that the “prior
    art . . . necessarily include the unstated limitation.”
    Transclean Corp., 290 F.3d at 1373 (citing Cont’l Can Co.,
    948 F.2d at 1268–69). Here, the PTAB found Selker did
    not disclose a stop, which was supported by express
    disclosures in Selker that cautioned the user to “refrain
    from peeling the cover back . . . any more than necessary.”
    J.A. 6. Under substantial evidence review, there is sufficient
    evidence to support the PTAB’s factual determination
    with respect to inherent anticipation. See Rambus,
    694 F.3d at 46 (“Anticipation is a question of fact and we
    uphold the Board’s factual determinations unless they are
    not supported by substantial evidence.” (citation omitted)).

    The case: Appeal from the United States Patent and Trademark
    Office, Patent Trial and Appeal Board in No. 95/002,241.

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  • Webinar on Biotech Patents and § 101 Rejections

    Strafford will be offering a webinar/teleconference entitled “Biotech Patents and §101 Rejections: Meeting Patent Eligibility Requirements — Leveraging Recent Decisions and USPTO Guidance to Overcome Rejections” on March 10, 2016 from 1:00 to 2:30 pm (EST). Denise M. Kettelberger, Ph.D. of Sunstein Kann Murphy & Timbers, and Katherine M. Kowalchyk, Ph.D. of Merchant & Gould will provide guidance for patent counsel for overcoming §101 rejections for biotech patents, and review recent case law and USPTO guidance on §101 patent eligibility and offer strategies to address §101 rejections. The registration fee for the webinar is $297. Those interested in registering for…

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  • THEREBY

                            目次はこちら

    THEREBY

    $$ It is thereby possible to make the cast conform to the numerous contours provided by the patient’s teeth so that the cast locates in a unique po…

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