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12 Sep 2013, 3:46 pm by Simon Fodden
As he does each year at about this time, Rich McCue tipped us to the fact that the results of his survey of incoming law students are now online. [read post]
10 Sep 2013, 8:31 am by Dennis Crouch
Now, to be clear, a Board affirmance does not mean that all of the claims in the patent are rejected since some of the claims may have been previously allowed and the applicant only appealed the rejected claims. [read post]
20 Aug 2013, 5:01 pm by oliver randl
As the Board had already explained in its decisions J 7/96 [2.2] and J 8/96 [2.2], these provisions form part of a system of legal process which is provided under the EPC for determining the right to a European patent application when this is in dispute, and for implementing this determination. [read post]
7 Aug 2013, 5:01 pm by oliver randl
Thus the parallel treatment of at least 24, preferably at least 48 and most preferably 96 samples or more […], which is disclosed in the description of the impugned patent, does not limit claim 1. [read post]
6 Aug 2013, 9:45 am
Opinion Count The Court decided 96 cases in the past year, compared with 86 in the previous twelve months. [read post]
23 Jul 2013, 5:01 pm by oliver randl
In particular, the EPC does not define the points in time at which the pending status of an application begins and ends in all possible situations. [read post]
22 Jul 2013, 5:01 pm by oliver randl
This is an appeal against the decision of the Receiving Section (RS) refusing to treat an application as a divisional application.On May 26, 2010, a third party had requested a stay of proceedings concerning the parent application, a few days after the Examining Division had issued a decision to grant.On June 8, 2010, the applicant filed a divisional application.The mention of the grant of the parent application was published in the Bulletin.On June 10, 2010, the Legal Division informed the parties… [read post]
11 Jul 2013, 5:01 pm by oliver randl
”On November 11, 2011, at 15:33 hours, the applicant filed electronically a further letter in reply to the EPO communication under R 71(3) dated 5 July 2011, together with an amended set of claims 1 to 12 and French and German translations thereof. [read post]
4 Jul 2013, 7:23 am by Bill Marler
An Introduction to Listeria Listeria (pronounced liss-STEER-ē-uh) is a gram-positive rod-shaped bacterium that can grow under either anaerobic (without oxygen) or aerobic (with oxygen) conditions. [4, 18] Of the six species of Listeria, only L. monocytogenes (pronounced maw-NO-site-aw-JUH-neez) causes disease in humans. [18] These bacteria multiply best at 86-98.6 degrees F (30-37 degrees C), but also multiply better than all other bacteria at refrigerator temperatures, something that allows… [read post]
22 Jun 2013, 7:02 am by Benjamin Wittes
This book is not meant to be the definitive guide to the legislative history of the NDAAs (though Lawfare covered virtually all of it), nor does it capture every single debate commentators had about the laws. [read post]
20 Jun 2013, 5:01 pm by oliver randl
However, the cited evidence does not have to be filed within the TFO; according to the established case law, it can still be filed at a later time (see e.g. [read post]
13 Jun 2013, 1:26 pm by David Cheifetz
., stated at para. 15. [15] The “but for” test is unworkable in some circumstances, so the courts have recognized that causation is established where the defendant’s negligence “materially contributed” to the occurrence of the injury: Myers v. [read post]
10 Jun 2013, 8:31 am by Soroush Seifi
”  Although Wigmore has denounced this idea as impractical,[15] it reappears from time to time for the sensible motive that it helps lower the amount of work that prosecutors are obliged to complete.[16]  When charged, an innocent individual may be forced to prove his/her innocence of some of the elements of a crime. [read post]
10 Jun 2013, 8:31 am by Soroush Seifi
”  Although Wigmore has denounced this idea as impractical,[15] it reappears from time to time for the sensible motive that it helps lower the amount of work that prosecutors are obliged to complete.[16]  When charged, an innocent individual may be forced to prove his/her innocence of some of the elements of a crime. [read post]
5 Jun 2013, 12:33 am by emagraken
Aviva Insurance Company of Canada, 2009 BCCA 343 at para. 23, 96 B.C.L.R. (4th) 109. [15]         If these principles do not resolve the ambiguity, the principle of contra proferentem will operate to favour construction against the insurer. [read post]
25 May 2013, 2:30 pm
  The Commission explained (at p. 15):Reliable and permanent evidence of intention, genuineness and clarity of terms is ensured by "the Wills Act" formalities. [read post]
15 May 2013, 9:33 am by Lawrence B. Ebert
Br. 11; ’072 Patent col.3, ll. 49-51, col. 15, ll. 49-50. [read post]
12 May 2013, 5:01 pm by oliver randl
Also the appellants submitted that due to a “release” of the activity of the original substance to the diluent during the multiple dilutions, the diluent of the dilutions referred to in claim 1 has properties which the undiluted diluent does not have. [read post]