Search for: "Matter of Novel"
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26 Oct 2011, 7:14 am
I think the court erred, for reasons I discuss in item 3 below, but I think the matter is more complex than some suggest. [read post]
25 Oct 2011, 7:37 pm
He then argues that all of these constitutional violations were clearly established by 2002, when he was detained, and he rejects the district court’s contention that his status as an “enemy combatant” made his case so “factual[ly] novel” that previous judicial precedent did not apply. [read post]
25 Oct 2011, 10:35 am
Now that most communications are arguably completed electronically, the novel question of how to authenticate electronic messages, along with information on social media sites, has come to the forefront. [read post]
24 Oct 2011, 5:01 pm
Therefore, the subject-matter of this claim is not novel over document D3 ( A 52(1) and A 54(1) EPC 1973).As a consequence, the main request cannot be allowed.The White Book II.B.5.3.1 tells us that “In a number of decisions, … the boards of appeal have laid down and applied the principle whereby the description and drawings are used to interpret the claims and identify their subject-matter, in particular in order to judge whether it is novel and not… [read post]
24 Oct 2011, 9:36 am
In the case of many inventions, the best mode is also the commercially-implemented embodiment or the embodiment containing the features that distinguish the invention as novel and nonobvious. [read post]
24 Oct 2011, 9:33 am
The difference in Banta, however, was the defendants actually knew as a matter of fact what the amount in controversy was when the initial pleading was filed. [read post]
23 Oct 2011, 5:01 pm
This common inventive concept within the meaning of Rule 13.1 PCT and A 82 EPC, respectively, also supports the unity of the application when claim 11 according to the main request is included.If one retraces (wird … nachvollzogen) the argumentation of the ED based on the problem solved such that the known feature “Disturbing the functionality of PMCA results in reducing the motility of sperm cells” is taken into account, one also comes to the conclusion that there is unity of… [read post]
23 Oct 2011, 4:25 pm
" This second strategy is simply the way to make the point that there are lot's of legal rules that require a "Yes" or "No" answer (they are bivalent), when the real world is a matter of degrees. [read post]
21 Oct 2011, 6:35 am
As with the Iqbal decision, this part of Wal-Mart imported novel requirements into a procedural rule and thus essentially re-wrote that rule. [read post]
20 Oct 2011, 9:50 pm
But given the longstanding line of precedent cited by Judge Walton, i.e., that “[t]he question whether members of Congress have standing to sue Executive Branch officials is neither novel nor unsettled. [read post]
20 Oct 2011, 12:25 pm
That matters to the USG, I would guess, a lot more than a formal and abstract legal argument that only uniformed military and not CIA should conduct these operations. [read post]
20 Oct 2011, 7:37 am
That matters to the USG, I would guess, a lot more than a formal and abstract legal argument that only uniformed military and not CIA should conduct these operations. [read post]
19 Oct 2011, 5:01 pm
Undoubtedly, these features define the claimed subject-matter as an apparatus or device, i.e. as a physical object. [read post]
19 Oct 2011, 6:52 am
: Excluding hyperlinks from the scope of the publication rule is an inadequate solution to the novel issues raised by the Internet. [read post]
18 Oct 2011, 7:34 am
He arrives at this novel theory by combining a few simple, yet profound, observations into a model that predicts patent expansion. [read post]
17 Oct 2011, 10:59 am
And eventually, I am able to master the particular matter. [read post]
16 Oct 2011, 1:05 pm
” It’s not a matter of anonymity, said Robert, “but I do think there’s an element of tribute. [read post]
15 Oct 2011, 3:48 pm
" So parents who want to keep violent video games out of their kids' hands will have to take matters into their own hands, without the help of a well-intentioned -- but unconstitutional -- state law. [read post]
15 Oct 2011, 3:48 pm
" So parents who want to keep violent video games out of their kids' hands will have to take matters into their own hands, without the help of a well-intentioned -- but unconstitutional -- state law. [read post]
14 Oct 2011, 7:45 pm
The actor is required to recognize that his conduct involves a risk of causing an invasion of another’s interest if a reasonable man would do so while exercising such attention, perception of the circumstances, memory, knowledge of other pertinent matters, intelligence, and judgment as a reasonable man would have. [read post]
