●● IRC: #techbytes @ Techrights IRC Network: Thursday, May 11, 2023 ●● ● May 11 [01:40] schestowitz http://ipkitten.blogspot.com/2023/05/breaking-in-person-proceedings-are.html?showComment=1683654895446#c2148583495046363200 [01:40] schestowitz Where does the EPO and its new "Gold Standard" go from here? A good question.

The EPO's direction of travel is already clear. One need only consider, for example, the Decisions of the EPO President for first instance proceedings (making VICO the default in all but exceptional cases) and the rather limited space allocated to the Boards once they relocate to central Munich.

So will this be the case of a cla [01:40] schestowitz sh between an irresistible force (the EPO's direction of travel) and an immovable object (the rule of law, as enforced by the Boards, and the EBA in particular)? If so, my money is on the irresistible force. I have studied the form of the immovable object and am starting to suspect that they can sometimes be persuaded to take a dive. [01:40] schestowitz >It is interesting to note that the same board has already ignored a decision of the EBA. In T 1731/20, it allowed a correction of the name of the appellant, a man of straw, well beyond the time limit set in G 1/12.

https://www.epo.org/law-practice/case-law-appeals/recent/t201371eu1.html

By accepting the correction under R 139, it considered the auxiliary request for re-establishment to be moot and not needing to [01:40] schestowitz be decided. This was also very convenient for the board.

According to reasons 1.5, the corresponding fee will be reimbursed to the appellant (opponent). There is however no trace in the order of a reimbursement of the fee for re-establishment. [01:40] schestowitz The EBA in G 3/19 provided a dynamic interpretation of Article 53(b) EPC. If the EBA was willing to show such contempt for the rule of law, it cannot come as a surprise that TBA's also show such contempt for the rule of law. It is manifest that the structure of the EPO and the BoAs does not provide adequate checks and balances. It is applaudable that the TBA in T 2432/19 dared to give what the EPO management would surely consider the wr [01:40] schestowitz ong answer. [01:40] -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: In-person proceedings are still the "Gold Standard" - Boards of Appeal start to diverge on ViCo (T 2432/19) - The IPKat [01:40] -TechBytesBot/#techbytes- ( status 404 @ https://www.epo.org/law-practice/case-law-appeals/recent/t201371eu1.html
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Mesa 23.1 Linux Graphics Stack Arrives with Many RADV Improvements, More

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Mesa 23.1 is available for download from the official website for system integrators and those who prefer compiling it from sources. The rest of the world would have to wait for the new Mesa release to arrive in the stable software repositories of their GNU/Linux distributions before updating the installations to enjoy a better gaming and 3D experience.
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[09:41] schestowitz [09:41] -TechBytesBot/#techbytes-Mesa 23.1 Linux Graphics Stack Arrives with Many RADV Improvements, More - 9to5Linux [09:53] schestowitz x https://nypost.com/2023/05/09/i-train-my-kids-with-apple-airtags-haters-say-i-treat-them-like-dogs/ [09:53] schestowitz # gratuitous boosting of tiktok [09:53] -TechBytesBot/#techbytes-nypost.com | I train my kids with Apple AirTags haters say I treat them like dogs [09:58] schestowitz x https://www.r-bloggers.com/2023/05/update-how-to-install-rstudio-and-quarto-with-apt-install [09:58] schestowitz # dangerous and stupid instructions; wget | sudo bash [09:58] schestowitz # that author should be fired [09:58] -TechBytesBot/#techbytes-(Update) How to install RStudio and Quarto with apt install | R-bloggers ● May 11 [10:05] schestowitz x https://thehill.com/policy/technology/3998124-teens-use-hear-of-chatgpt-more-than-parents-poll/ [10:05] -TechBytesBot/#techbytes-thehill.com | Teens use, hear of ChatGPT more than parents: poll | The Hill [10:55] *schestowitz-TR2 (~acer-box@freenode/user/schestowitz) has joined #techbytes [10:55] *schestowitz-TR has quit (Ping timeout: 120 seconds) [10:56] schestowitz

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Alpine Linux 3.18.0 Released

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Kernel modules are now signed. Verified modules are not enforced by default, so 3rd party modules with akms still works.
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[10:56] -TechBytesBot/#techbytes-alpinelinux.org | Alpine 3.18.0 released | Alpine Linux ● May 11 [11:00] schestowitz

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Mixxx 2.3.5 Free DJ Software Improves Support for Pioneer DDJ-400, Hercules P32

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Linux users will be happy to learn that this release improves the full-screen experience on desktops that dont use global menubars, shows a warning when the audio thread is not scheduled with real-time policy, and fixes the wrong waveform background color on various GNU/Linux distributions, such as Fedora Linux 37.
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[11:00] -TechBytesBot/#techbytes-Mixxx 2.3.5 Free DJ Software Improves Support for Pioneer DDJ-400, Hercules P32 - 9to5Linux ● May 11 [12:15] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes [12:17] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes ● May 11 [13:51] *asusbox2 has quit (connection closed) [13:51] *asusbox2 (~rianne@3stvfjh5iuw88.irc) has joined #techbytes ● May 11 [14:59] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes ● May 11 [15:08] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes ● May 11 [23:36] schestowitz http://ipkitten.blogspot.com/2023/05/breaking-in-person-proceedings-are.html?showComment=1683706693944#c1572473551944844724 [23:36] schestowitz Talking about "Gold" standards, lt's face it: for the Patent Office in any given jurisdiction to create any "Gold Standard" of jurisprudence is an affront to the community of lawyers and jurists who make their living in the world of litigation before the courts. Always has been. Since 1978. Who does the EPO think it is, they cry? The courts, and NOT the Patent Office, should make the law.

But at last it' [23:36] schestowitz s now "Pay Back Time" isn't it?

We have seen how effective the powerful litigation community have been, in recent years, to force through the UPC. Now all that remains to be done is to destroy the reputation of the EPO as a reliable creator of the law of patent validity. One way to do that is to generate G Decisions which the Boards then proceed to disparage. Another way is to generate disagreements between TBA's. [23:36] schestowitz That old adage "If you can't beat them, join them" applies to a lot of people inside the EPO, it seems to me. [23:36] -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: In-person proceedings are still the "Gold Standard" - Boards of Appeal start to diverge on ViCo (T 2432/19) - The IPKat