●● IRC: #techbytes @ Techrights IRC Network: Monday, April 03, 2023 ●● ● Apr 03 [04:05] *u-amarsh04 has quit (Quit: Konversation terminated!) ● Apr 03 [07:11] schestowitz[TR] http://ipkitten.blogspot.com/2023/03/g-221-did-invention-as-originally.html?showComment=1680428187420#c7658971466693418724 [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.

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 dea [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, "one size fits all" 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).

I would also add the following.

Even if there is no adapt [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 starting point for determining the scope of protection that encapsulates all of the amendments made during prosecution. Where they [07:11] schestowitz[TR] go from there is up to them, based upon the facts and evidence at hand.

However, with a "strict" adaptation of the description, the national courts will be confronted with statements indicating that certain embodiments of the description are "not the claimed invention". To my mind, it is difficult to envisage a national court interpreting such statements as being anything other than an effective discla [07:11] schestowitz[TR] imer (of protection for the relevant embodiment). This means that, with regard to the relevant embodiments, the "strict" adaptation of the description presents the national court with a (forced) conclusion 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).

The conclusion forced upon the nat [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 expe [07:11] schestowitz[TR] rtise, I believe that it will very rarely be the case. [07:11] schestowitz[TR] [07:11] -TechBytesBot/#techbytes-ipkitten.blogspot.com | G 2/21: Is the technical effect embodied by the invention as originally disclosed? - The IPKat [07:39] *XFaCE has quit (Ping timeout: 2m30s) [07:40] *XFaCE (~XFaCE@uzfeivw9fp6ba.irc) has joined #techbytes [07:55] *Noisytoot has quit (Ping timeout: 2m30s) [07:57] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Apr 03 [08:32] *Noisytoot has quit (Ping timeout: 2m30s) [08:43] *liberty_box has quit (Ping timeout: 2m30s) [08:45] *liberty_box (~liberty@rbnv8qskr8rgw.irc) has joined #techbytes [08:46] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [08:54] schestowitz[TR] x https://www.dailymail.co.uk/sciencetech/article-11916917/The-worlds-greatest-minds-going-war-AI.html [08:54] schestowitz[TR] # bill sez [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 Online [08:54] schestowitz[TR] "China somehow got through COVID without MS Teams but phew! it's arrived" [08:54] schestowitz[TR] x https://www.theregister.com/2023/04/03/microsoft_teams_come_to_china/ [08:54] -TechBytesBot/#techbytes-www.theregister.com | Localized MS Teams service comes to China The Register [08:55] schestowitz[TR] x https://www.hindustantimes.com/car-bike/bill-gates-rides-a-self-driven-car-says-it-will-take-over-101680482350559.html [08:55] schestowitz[TR] # bill sez [08:55] -TechBytesBot/#techbytes-www.hindustantimes.com | Bill Gates rides a self-driven car, says it will take over - Hindustan Times [08:56] schestowitz[TR]
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    Fedora 38 Breaks Accelerated Video Playback in Firefox. WordPress.com breaks logins in SeaMonkey.
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    Apparently, in Fedora 38, theyve made it so if youve 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 wont play vide [08:56] schestowitz[TR] o using hardware acceleration, so things become a slideshow.

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    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 Mozillas spyware and adware again.

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  • [08:56] -TechBytesBot/#techbytes-baronhk.wordpress.com | Fedora 38 Breaks Accelerated Video Playback in Firefox. WordPress.com breaks logins in SeaMonkey. | BaronHK's Rants [08:56] schestowitz[TR]
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    Haiku Depot Server Technology Modernisation
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    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.

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    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.

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  • [08:56] schestowitz[TR] [08:57] -TechBytesBot/#techbytes-www.haiku-os.org | Haiku Depot Server Technology Modernisation | Haiku Project ● Apr 03 [09:00] *Noisytoot has quit (Ping timeout: 2m30s) [09:03] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [09:44] *geert (~geert@bvw2wmpswttbc.irc) has joined #techbytes ● Apr 03 [10:56] schestowitz[TR]
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    A Front Company and a Fake Identity: How the U.S. Came to Use Spyware It Was Trying to Kill.
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    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 users knowledge or consent.

    [10:56] schestowitz[TR]

    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.

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  • [10:56] -TechBytesBot/#techbytes-www.nytimes.com | How the U.S. Came to Use NSO Spyware It Was Trying to Kill - The New York Times [10:57] schestowitz[TR]
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    Advertising policy on sysdfree (the Case of Artix and Gable)
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    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 advertise [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.

    [10:57] schestowitz[TR]
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  • [10:57] -TechBytesBot/#techbytes-sysdfree.wordpress.com | Advertising policy on sysdfree (the Case of Artix and Gable) | systemd-free linux community ● Apr 03 [11:31] schestowitz[TR]
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    Court crushes whistleblower protection in Richard Boyle, Tax Office case
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    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.

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    I attended the District Court last week when Judge Kudelka handed down her judgement in a Richard Boyles whistleblower defence case. The court was overcrowded with Richards supporters. It was standing room only. The media were there too.

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  • [11:31] schestowitz[TR] [11:31] -TechBytesBot/#techbytes-michaelwest.com.au | Court crushes whistleblower protection in Richard Boyle, Tax Office case - Michael West ● Apr 03 [15:10] *geert has quit (Ping timeout: 2m30s) [15:15] *u-amarsh04 (~amarsh04@nqkitbgnqjad4.irc) has joined #techbytes [15:20] *XFaCE has quit (Ping timeout: 2m30s) [15:22] *XFaCE (~XFaCE@uzfeivw9fp6ba.irc) has joined #techbytes ● Apr 03 [17:33] *psydruid has quit (Ping timeout: 2m30s) ● Apr 03 [18:38] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes