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schestowitz[TR]http://ipkitten.blogspot.com/2023/03/g-221-did-invention-as-originally.html?showComment=1680428187420#c7658971466693418724Apr 03 07:11
schestowitz[TR]Dear Mr Thomas, I must say that I find your response to be very disappointing. I have paid you the courtesy of responding to your question, at least by addressing the crucial legal and practical points underpinning that question. I am saddened that you do not feel able to respond in kind.<br /><br />At least I now have an idea of why we struggle to find any common ground. Except by dismissing or minimising them, you simply never deaApr 03 07:11
schestowitz[TR]l head-on with any facts that clash with your view on this matter. Also, it seems to me that you believe that there should be an extremely simple, &quot;one size fits all&quot; approach that can be applied to all cases. Whilst a desire for a simple solution is understandable, this does not mean that imposing such a solution is warranted (or justifiable).<br /><br />I would also add the following.<br /><br />Even if there is no adaptApr 03 07:11
schestowitz[TR]ation of the description, the results of prosecution history are captured in the wording of the claims (which, as previously discussed, is the most important factor for determining the scope of protection). Thus, even with no adaptation of the description, the national courts are presented with a <b>starting point</b> for determining the scope of protection that encapsulates all of the amendments made during prosecution. Where they Apr 03 07:11
schestowitz[TR]go from there is up to them, based upon the facts and evidence at hand.<br /><br />However, with a &quot;strict&quot; adaptation of the description, the national courts will be confronted with statements indicating that certain embodiments of the description are &quot;not the claimed invention&quot;. To my mind, it is difficult to envisage a national court interpreting such statements as being anything other than an effective disclaApr 03 07:11
schestowitz[TR]imer (of protection for the relevant embodiment). This means that, with regard to the relevant embodiments, the &quot;strict&quot; adaptation of the description presents the national court with a (forced) <b>conclusion</b> on the scope of protection. This leaves the national courts with no room for reaching their own conclusions on scope of protection (likely even by way of equivalence).<br /><br />The conclusion forced upon the natApr 03 07:11
schestowitz[TR]ional courts by the amendments to the description may well turn out to be correct. The EPO Examining Division may well have done a very thorough job and the applicant may well not have made any inadvertent errors when adapting the description. Indeed, the case may be so simple and straightforward as to make all of this very easy. The trouble is, this will not always be the case. Indeed, for cases in the technical area of my own expeApr 03 07:11
schestowitz[TR]rtise, I believe that it will very rarely be the case.Apr 03 07:11
schestowitz[TR]     Apr 03 07:11
-TechBytesBot/#techbytes-ipkitten.blogspot.com | G 2/21: Is the technical effect embodied by the invention as originally disclosed? - The IPKatApr 03 07:11
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schestowitz[TR]x https://www.dailymail.co.uk/sciencetech/article-11916917/The-worlds-greatest-minds-going-war-AI.htmlApr 03 08:54
schestowitz[TR]# bill sezApr 03 08:54
-TechBytesBot/#techbytes-www.dailymail.co.uk | World's greatest minds at war over ChatGPT-like AI: Elon Musk and Bill Gates are on opposing sides | Daily Mail OnlineApr 03 08:54
schestowitz[TR]"China somehow got through COVID without MS Teams but – phew! – it's arrived"Apr 03 08:54
schestowitz[TR]x https://www.theregister.com/2023/04/03/microsoft_teams_come_to_china/Apr 03 08:54
-TechBytesBot/#techbytes-www.theregister.com | Localized MS Teams service comes to China • The RegisterApr 03 08:54
schestowitz[TR]x https://www.hindustantimes.com/car-bike/bill-gates-rides-a-self-driven-car-says-it-will-take-over-101680482350559.htmlApr 03 08:55
schestowitz[TR]# bill sezApr 03 08:55
-TechBytesBot/#techbytes-www.hindustantimes.com | Bill Gates rides a self-driven car, says it will take over… - Hindustan TimesApr 03 08:55
schestowitz[TR] <li>Apr 03 08:56
schestowitz[TR]                                    <h5><a href="https://baronhk.wordpress.com/2023/04/03/fedora-38-breaks-accelerated-video-playback-in-firefox-wordpress-com-breaks-logins-in-seamonkey/">Fedora 38 Breaks Accelerated Video Playback in Firefox. WordPress.com breaks logins in SeaMonkey.</a></h5>Apr 03 08:56
schestowitz[TR]                                    <blockquote>Apr 03 08:56
schestowitz[TR]                                        <p>Apparently, in Fedora 38, they’ve made it so if you’ve already performed surgery on the rest of Fedora to re-enable accelerated video decode on your computer, with the new mesa-drivers-freeworld package on RPM Fusion (if you have non-Intel hardware) or the pile of Intel-media-driver packages, as well as the gstreamer1-vaapi packages, Firefox as an RPM or Fedora Flatpak won’t play videApr 03 08:56
schestowitz[TR]o using hardware acceleration, so things become a slideshow.</p>Apr 03 08:56
schestowitz[TR]                                        <p>I ended up fixing it by deleting Firefox from Fedora with dnf remove firefox, and then setting up Firefox from Flatpak and going through turning off all of Mozilla’s spyware and adware again.</p>Apr 03 08:56
schestowitz[TR]                                    </blockquote>Apr 03 08:56
schestowitz[TR]                                </li>Apr 03 08:56
-TechBytesBot/#techbytes-baronhk.wordpress.com | Fedora 38 Breaks Accelerated Video Playback in Firefox. WordPress.com breaks logins in SeaMonkey. | BaronHK's RantsApr 03 08:56
schestowitz[TR] <li>Apr 03 08:56
schestowitz[TR]                            <h5><a href="https://www.haiku-os.org/blog/apl/2023-04-02_hds_modernisation/">Haiku Depot Server Technology Modernisation</a></h5>Apr 03 08:56
schestowitz[TR]                            <blockquote>Apr 03 08:56
schestowitz[TR]                                <p>With HaikuDepotServer (HDS) still on Java 11 introduced in September 2018, it was time to upgrade to 17 and then also make the transition from Spring 5 to SpringBoot 3 which was released in November 2022. Spring is a base technology for SpringBoot with SpringBoot providing more configuration and functionality by convention.</p>Apr 03 08:56
schestowitz[TR]                                <p>These upgrades will bring HDS up to date with the current state of the art in backend Java and allow HDS to be maintained more easily going forward.</p>Apr 03 08:56
schestowitz[TR]                            </blockquote>Apr 03 08:56
schestowitz[TR]                        </li>Apr 03 08:56
schestowitz[TR]                     Apr 03 08:56
-TechBytesBot/#techbytes-www.haiku-os.org | Haiku Depot Server Technology Modernisation | Haiku ProjectApr 03 08:57
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schestowitz[TR] <li>Apr 03 10:56
schestowitz[TR]                                            <h5><a href="https://www.nytimes.com/2023/04/02/us/politics/nso-contract-us-spy.html">A Front Company and a Fake Identity: How the U.S. Came to Use Spyware It Was Trying to Kill.</a></h5>Apr 03 10:56
schestowitz[TR]                                            <blockquote>Apr 03 10:56
schestowitz[TR]                                                <p>Under the arrangement, the Israeli firm, NSO Group, gave the U.S. government access to one of its most powerful weapons — a geolocation tool that can covertly track mobile phones around the world without the phone user’s knowledge or consent.</p>Apr 03 10:56
schestowitz[TR]                                                <p>If the veiled nature of the deal was unusual — it was signed for the front company by a businessman using a fake name — the timing was extraordinary.</p>Apr 03 10:56
schestowitz[TR]                                            </blockquote>Apr 03 10:56
schestowitz[TR]                                        </li>Apr 03 10:56
-TechBytesBot/#techbytes-www.nytimes.com | How the U.S. Came to Use NSO Spyware It Was Trying to Kill - The New York TimesApr 03 10:56
schestowitz[TR]<li>Apr 03 10:57
schestowitz[TR]                                            <h5><a href="https://sysdfree.wordpress.com/2023/04/02/367/">Advertising policy on sysdfree (the Case of Artix and Gable)</a></h5>Apr 03 10:57
schestowitz[TR]                                            <blockquote>Apr 03 10:57
schestowitz[TR]                                                <p>If you just wanted to place a plug for your system of choice, like any good fan-boy would, you are welcome to do so. But when this plug (a form of an informal advertisement for free in web-land) includes inaccuracies, false characterizations, and right-out lies, you open up an area of criticism and correction of your plug that may end up as a boomerang to become a negative advertiseApr 03 10:57
schestowitz[TR]ment. And below is your comment and source included, unaltered, unmoderated, and still waits a response. We thought it would be a valuable separate discussion, since it is a bit off-topic to discuss other objects than the article specifies (not that we were ever so strict on this), to just speak here about Artix specifically, in contrast of its other two Arch alternatives.</p>Apr 03 10:57
schestowitz[TR]                                            </blockquote>Apr 03 10:57
schestowitz[TR]                                        </li>Apr 03 10:57
-TechBytesBot/#techbytes-sysdfree.wordpress.com | Advertising policy on sysdfree (the Case of Artix and Gable) | systemd-free linux communityApr 03 10:57
schestowitz[TR]   <li>Apr 03 11:31
schestowitz[TR]                <h5><a href="https://michaelwest.com.au/court-crushes-whistleblower-protection-in-richard-boyle-tax-office-case/">Court crushes whistleblower protection in Richard Boyle, Tax Office case</a></h5>Apr 03 11:31
schestowitz[TR]                <blockquote>Apr 03 11:31
schestowitz[TR]                    <p>The South Australian District Court has dealt a fatal blow to public sector whistleblowing, basically making it impossible for anyone to safely blow the whistle. Rex Patrick explains the public interest travesty.</p>Apr 03 11:31
schestowitz[TR]                    <p>I attended the District Court last week when Judge Kudelka handed down her judgement in a Richard Boyle’s whistleblower defence case. The court was overcrowded with Richard’s supporters. It was standing room only. The media were there too.</p>Apr 03 11:31
schestowitz[TR]                </blockquote>Apr 03 11:31
schestowitz[TR]            </li>Apr 03 11:31
schestowitz[TR]      Apr 03 11:31
-TechBytesBot/#techbytes-michaelwest.com.au | Court crushes whistleblower protection in Richard Boyle, Tax Office case - Michael WestApr 03 11:31
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