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| schestowitz | [01:52] <rianne> https://lifestyle.inquirer.net/360133/chinas-success-in-stopping-pandemic-a-sheer-fabrication-says-us-china-expert/ - I would like to believe this person | Mar 30 05:18 |
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| -TechBytesBot/#techbytes-lifestyle.inquirer.net | China’s ‘success’ in stopping pandemic a ‘sheer fabrication,’ says US China expert | Inquirer Lifestyle | Mar 30 05:18 | |
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| schestowitz | >> On a Sunday, for instance, the posts for Monday-Sunday can be put | Mar 30 06:06 |
| schestowitz | >> together in bulk, then set to be "published" on the morning of each day, | Mar 30 06:06 |
| schestowitz | >> with me uploading the files they link to some time after midnight. | Mar 30 06:06 |
| schestowitz | > However, it is good to review the content before publishing both to | Mar 30 06:06 |
| schestowitz | > sanitize it necessary and to refresh one's mind over the events. | Mar 30 06:06 |
| schestowitz | > | Mar 30 06:06 |
| schestowitz | >> This kind of serialisation can save time and effort? | Mar 30 06:06 |
| schestowitz | > Perhaps, but the task becomes more arduous as it piles up. Yes, there | Mar 30 06:06 |
| schestowitz | > is overhead with a daily check, but it only takes a few minutes. What | Mar 30 06:06 |
| schestowitz | > would help if only time and effort are in question would be a script to | Mar 30 06:06 |
| schestowitz | > send the logs directly into WordPress once they are present on the web | Mar 30 06:06 |
| schestowitz | > server. | Mar 30 06:06 |
| schestowitz | I read this paragraph thrice and I still am not sure what it means to "send into wordpress" | Mar 30 06:06 |
| schestowitz | We upload to a directory totally disconnected from WP. | Mar 30 06:06 |
| schestowitz | https://joindiaspora.com/posts/17593594#4693d93053ee01382303047d7b62795e | Mar 30 06:07 |
| -TechBytesBot/#techbytes-@linux@joindiaspora.com: #Debian Calls the Linux World to Help Fight the New #Coronavirus http://www.tuxmachines.org/node/135716#comment-24304 #gnu #linux | Mar 30 06:07 | |
| schestowitz | "I've got a classroom full of raspbians standing by for distributed computing loads? Maybe we can help #buster #coronavirus" | Mar 30 06:07 |
| -TechBytesBot/#techbytes--> www.tuxmachines.org | Debian To Take On COVID-19 With A Biohackathon | Tux Machines | Mar 30 06:07 | |
| schestowitz | Cautionary Tale of TruthDig | Mar 30 07:02 |
| schestowitz | TruthDig has some rather important articles and high-profile writers, such as Hedges. | Mar 30 07:02 |
| schestowitz | I think that, whatever the founder signed with the owner (legal contract), serves to show the danger of choosing temporary growth at the expense of true control. | Mar 30 07:02 |
| schestowitz | Now the site is dead and... it would not surprise me if also offline within months | Mar 30 07:02 |
| schestowitz | https://www.theinquirer.net/ | Mar 30 07:02 |
| -TechBytesBot/#techbytes-www.theinquirer.net | The Inquirer | Mar 30 07:02 | |
| schestowitz | "The Inquirer website was mothballed on December 19, 2019. The site launched in 2006 and built an enviable reputation for delivering an irreverent perspective on all things tech." | Mar 30 07:02 |
| schestowitz | Yes. All articles... BOOM! Dead. | Mar 30 07:02 |
| schestowitz | They covered a lot of Microsoft abuses back in the days. | Mar 30 07:02 |
| schestowitz | Linux Journal is BACK online, but for how long? | Mar 30 07:02 |
| tedbox2 | https://en.wikipedia.org/wiki/Truthdig | Mar 30 07:15 |
| -TechBytesBot/#techbytes-en.wikipedia.org | Truthdig - Wikipedia | Mar 30 07:15 | |
| tedbox2 | "As of 2014, The Truthdig site drew over 400,000 visitors per month.[3] Truthdig was co-founded in 2005 by Zuade Kaufman and Robert Scheer, who serves as editor in chief.[3]" | Mar 30 07:15 |
| tedbox2 | "Kaufman got her first job in journalism at KCET in Los Angeles and worked in documentaries before moving to print journalism. She worked with Scheer at the Los Angeles Times’ hyperlocal editions Westside Weekly and Our Times as a researcher and then as a reporter. When the newspaper changed owners and the local editions were cut, Kaufman went on to get her masters in journalism at the University of Southern California Annenberg School for | Mar 30 07:16 |
| tedbox2 | Communications.[4][5] She began developing an online news site while still a student and she and Scheer launched Truthdig the year she graduated and right after Scheer was pushed out of the Los Angeles Times." | Mar 30 07:16 |
| tedbox2 | " | Mar 30 07:16 |
| tedbox2 | Significant contributors have included Noam Chomsky, Juan Cole, Gore Vidal, Sam Harris, Chris Hedges, Amy Goodman, Greg Palast, Carrie Rickey, and animator Mark Fiore.[citation needed] | Mar 30 07:16 |
| tedbox2 | In October 2006, Truthdig published a 660-word essay titled "After Pat's Birthday" about NFL player and American soldier Pat Tillman's death written by his brother Kevin. The essay was widely distributed and was cited in The New York Times and the Associated Press.[2][3] | Mar 30 07:16 |
| tedbox2 | On the tenth anniversary of the Iraq War, Truthdig published "The Last Letter" by Tomas Young, a veteran paralyzed in Iraq, in which he addresses George W. Bush and Dick Cheney and condemns them as war criminals. The letter, written as Young awaits his death under hospice care, was translated into several languages and printed worldwide.[6] | Mar 30 07:16 |
| tedbox2 | " | Mar 30 07:16 |
| tedbox2 | " | Mar 30 07:16 |
| tedbox2 | Labor Dispute[edit] | Mar 30 07:17 |
| tedbox2 | In March 2020, there was a labor dispute and work stoppage with the publisher involving Robert Scheer's role as Editor-in Chief, terms of the labor contract, pay, and benefits.[21][22] | Mar 30 07:17 |
| tedbox2 | Dissolution Proceedings and Hiatus[edit] | Mar 30 07:17 |
| tedbox2 | Citing irreconcilable differences between the two owners, Kaufman filed to dissolve Truthdig LLC. Contemporaneously with the filing, Truthdig LLC placed its website on hiatus. Truthdig archives from the past 15 years are available online at no charge. | Mar 30 07:17 |
| tedbox2 | " | Mar 30 07:17 |
| schestowitz | As the situation deteriorates rapidly, I am also joining the group who thinks that it is no longer feasible to hold PEB exams in October. | Mar 30 07:29 |
| schestowitz | Reply | Mar 30 07:29 |
| schestowitz | PETEMonday, 23 March 2020 at 10:54:00 GMT | Mar 30 07:29 |
| schestowitz | It looks like Olympic game is going to be cancelled but the arguments made for early cancellation i.e. making the decision now seems very reasonable. | Mar 30 07:29 |
| schestowitz | Emotional wellbeing of candidates - "The uncertainty of the PEB exams happening in October and the inherent desire and motivation to excel that resides in all our candidates is causing real anguish that we can, collectively, put a stop to." | Mar 30 07:29 |
| schestowitz | There is a case that making the decision early will help. It has been obvious that we are not going to enter a normal period for some time. Nobody wants to cancel the exams but I urge PEB to cancel the exams this year in October due to the current situation we are facing. | Mar 30 07:29 |
| schestowitz | Check out the BBC article below. | Mar 30 07:29 |
| schestowitz | https://www.bbc.co.uk/sport/athletics/52002474 | Mar 30 07:29 |
| schestowitz | Reply | Mar 30 07:29 |
| schestowitz | AnonymousSunday, 29 March 2020 at 21:08:00 BST | Mar 30 07:30 |
| schestowitz | In view that it will take 6-7 months for things to return to normal - should PEB exams go ahead this year? | Mar 30 07:30 |
| schestowitz | I'm not so sure it would be wise to do so. | Mar 30 07:30 |
| schestowitz | https://www.bbc.co.uk/news/uk-52084517 | Mar 30 07:30 |
| -TechBytesBot/#techbytes-www.bbc.co.uk | Tokyo 2020: Olympics to be postponed until 2021, says IOC member - BBC Sport | Mar 30 07:30 | |
| -TechBytesBot/#techbytes-www.bbc.co.uk | Coronavirus: Six months before UK 'returns to normal' - deputy chief medical officer - BBC News | Mar 30 07:30 | |
| schestowitz | http://ipkitten.blogspot.com/2020/03/breaking-eqe-and-pre-eqe-postponed.html?showComment=1584889040642#c990996577551807174 | Mar 30 07:30 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: EQE and pre-EQE postponed until further notice - The IPKat | Mar 30 07:30 | |
| schestowitz | http://ipkitten.blogspot.com/2020/03/willem-hoyng-todays-decision-sets-back.html?showComment=1584783863232#c3393156012340743746 | Mar 30 07:31 |
| schestowitz | " | Mar 30 07:31 |
| schestowitz | The Court also trashed the way UPC's Rules of Procedure were made by this unelected Administrative Committee without parliamentary involvement: | Mar 30 07:31 |
| schestowitz | "UPC rules of procedure were enacted by the Administrative Committee, whereby Art41 did not provide for parliamentary participation as the relevant legal basis in this respect and did not contain any express authorization for the UPC judges to undertake fundamental rights." | Mar 30 07:31 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Willem Hoyng: today's decision sets back UPC at least five years - The IPKat | Mar 30 07:31 | |
| schestowitz | Mr Ramsay will have to look for another job? | Mar 30 07:31 |
| schestowitz | " | Mar 30 07:31 |
| schestowitz | http://ipkitten.blogspot.com/2020/03/willem-hoyng-todays-decision-sets-back.html?showComment=1584783863232#c3393156012340743 | Mar 30 07:31 |
| schestowitz | http://ipkitten.blogspot.com/2020/03/willem-hoyng-todays-decision-sets-back.html?showComment=1584783863232#c3393156012340743 | Mar 30 07:31 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Willem Hoyng: today's decision sets back UPC at least five years - The IPKat | Mar 30 07:31 | |
| schestowitz | " | Mar 30 07:31 |
| schestowitz | Dear Mr Hoying, | Mar 30 07:31 |
| schestowitz | Start reading the decision of the FCC before uttering the expectation that it might be possible to "try to draft a text that would make it possible for European Economic Area countries and perhaps even other countries to join". | Mar 30 07:31 |
| schestowitz | The FCC has made it abundantly clear: the UPC is only open to EU member states. If the UPC is not yet fully dead, the EPLA is! | Mar 30 07:31 |
| schestowitz | " | Mar 30 07:31 |
| tedbox2 | http://ipkitten.blogspot.com/2020/03/breaking-eqe-and-pre-eqe-postponed.html?showComment=1584960852651#c8555737632163285827 | Mar 30 07:33 |
| tedbox2 | "| | Mar 30 07:33 |
| tedbox2 | It looks like Olympic game is going to be cancelled but the arguments made for early cancellation i.e. making the decision now seems very reasonable. | Mar 30 07:33 |
| tedbox2 | Emotional wellbeing of candidates - "The uncertainty of the PEB exams happening in October and the inherent desire and motivation to excel that resides in all our candidates is causing real anguish that we can, collectively, put a stop to." | Mar 30 07:33 |
| tedbox2 | There is a case that making the decision early will help. It has been obvious that we are not going to enter a normal period for some time. Nobody wants to cancel the exams but I urge PEB to cancel the exams this year in October due to the current situation we are facing. | Mar 30 07:33 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: EQE and pre-EQE postponed until further notice - The IPKat | Mar 30 07:33 | |
| tedbox2 | Check out the BBC article below. | Mar 30 07:33 |
| tedbox2 | https://www.bbc.co.uk/sport/athletics/52002474 | Mar 30 07:33 |
| tedbox2 | | | Mar 30 07:33 |
| -TechBytesBot/#techbytes-www.bbc.co.uk | Tokyo 2020: Olympics to be postponed until 2021, says IOC member - BBC Sport | Mar 30 07:33 | |
| tedbox2 | http://ipkitten.blogspot.com/2020/03/allen-v-cooper-us-states-have-sovereign.html?showComment=1585058021805#c1376888569273603388 | Mar 30 07:33 |
| tedbox2 | | | Mar 30 07:33 |
| tedbox2 | Thomas writes: | Mar 30 07:33 |
| tedbox2 | "Although Justice Thomas concurred with the conclusion of the Court, he wrote separately to identify three points of disagreement. First, Justice Thomas did not agree with the "special justification" requirement for stare decisis in spite of wrongly decided cases. Rather, the Justice considers it the obligation of the Court - when faced with demonstrably erroneous precedent - to “correct the error, regardless of whether other factors support | Mar 30 07:33 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Allen v. Cooper - U.S. States Have Sovereign Immunity from Copyright Damages - The IPKat | Mar 30 07:33 | |
| tedbox2 | overruling the precedent.” Justice Thomas concluded, however, that Florida Prepaid was correctly decided, prompting adherence with stare decisis." | Mar 30 07:33 |
| tedbox2 | One wonders whether Justice Thomas has Roe v.Wade in mind, should the US Supreme Court choose to reconsider its ruling on abortion rights. | Mar 30 07:33 |
| tedbox2 | | | Mar 30 07:33 |
| tedbox2 | http://ipkitten.blogspot.com/2020/03/if-once-is-misfortune-and-twice-is.html?showComment=1585063401143#c400200293627583165 | Mar 30 07:34 |
| tedbox2 | |So... if Master Data hadn't said that the UKIPO had reminded them twice previously to pay the *full* fee, or if Genentech had used a company with a better record, it may have gone the other way?!| | Mar 30 07:34 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | If once is a misfortune and twice is careless, three times is…? Genentech loses UK SPC for Lucentis due to costly procedural error - The IPKat | Mar 30 07:34 | |
| tedbox2 | http://ipkitten.blogspot.com/2020/03/are-lemmings-threat-to-disney-brand.html?showComment=1585085126376#c8487278996602720128 | Mar 30 07:34 |
| tedbox2 | " | Mar 30 07:34 |
| tedbox2 | I actually believe James Algar was just misled by the immense Carl Barks with his "The lemmings with the locket" (1955). | Mar 30 07:34 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Are lemmings a threat to the Disney+ brand? - The IPKat | Mar 30 07:34 | |
| tedbox2 | Hello from quarantined Italy, where Zio Paperone (Uncle Scrooge) has been read by many from the 70's and 80's without being impressed too much by the lemmings' suicide instinct (; | Mar 30 07:34 |
| tedbox2 | thanks for keeping us good company as usual and giving food for thoughts | Mar 30 07:34 |
| tedbox2 | " | Mar 30 07:34 |
| tedbox2 | http://ipkitten.blogspot.com/2020/03/does-requirement-for-technical.html?showComment=1585136314806#c3011507654432480323 | Mar 30 07:34 |
| tedbox2 | " | Mar 30 07:34 |
| tedbox2 | I'm a fan of the "gold standard" and the notion of "derivable". What I don't yet see is convincing and uniform mapping of "derivable" onto the knowledge base of the imaginary skilled addressee. | Mar 30 07:34 |
| tedbox2 | What is needed? Top class advocacy and top class membership of the Technical Boards. I am an optimist. Just as the Boards have sorted out (more or less) what is "technical" and what is not, with time they will converge on a methodology and logic that will inform everybody how to work out what the skilled person can and cannot "derive, directly and unambiguously" from any given document. | Mar 30 07:34 |
| tedbox2 | Meanwhile, it is up to we advocates, to help the Rapporteurs and the Chairs of the TBA's, first to take a real world (and therefore necessarily complicated and nuanced) view of the knowledge and thought processes of the skilled reader of a new scientific or engineering disclosure how to solve a technical problem, and then the courage and energy to write a Decision in accordance with that view (as opposed to writing a quick, easy and formulistic | Mar 30 07:34 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Does the requirement for a "technical contribution" in a novel selection survive? (if selecting from convergent lists) (T 1621/16) - The IPKat | Mar 30 07:34 | |
| tedbox2 | Decision just to meet management productivity targets). | Mar 30 07:34 |
| tedbox2 | " | Mar 30 07:34 |
| tedbox2 | http://ipkitten.blogspot.com/2020/03/does-requirement-for-technical.html?showComment=1585230738629#c2191641287195134060 | Mar 30 07:35 |
| tedbox2 | " | Mar 30 07:35 |
| tedbox2 | lem of the undisclosed intermediate generalisation. | Mar 30 07:35 |
| tedbox2 | Yes, I am glad we are both well. The times might already be, as you say, "difficult" but they are going to get a whole lot more "difficult" before they get better. Let us hope that debating patent law, while confined at home, achieves something useful to all of us. | Mar 30 07:35 |
| tedbox2 | http://patentblog.kluweriplaw.com/2020/03/20/reactions-to-ruling-fcc-in-case-unified-patent-court-positive-and-great-disappointment/ | Mar 30 07:35 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Does the requirement for a "technical contribution" in a novel selection survive? (if selecting from convergent lists) (T 1621/16) - The IPKat | Mar 30 07:35 | |
| tedbox2 | " | Mar 30 07:35 |
| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Reactions to ruling FCC in case Unified Patent Court: 'positive' and 'great disappointment' - Kluwer Patent Blog | Mar 30 07:35 | |
| tedbox2 | "http://ipkitten.blogspot.com/2020/03/does-requirement-for-technical.html?showComment=1585230738629#c2191641287195134060" | Mar 30 07:35 |
| tedbox2 | "Thank you, Holistic. If you have the time and the inclination, join us on the Kluwer blog, debating inter alia the EPO's approach to the problem of the undisclosed intermediate generalisation." | Mar 30 07:35 |
| tedbox2 | http://ipkitten.blogspot.com/2020/03/does-requirement-for-technical.html?showComment=1585227965925#c2003498892802419711 | Mar 30 07:36 |
| tedbox2 | "| | Mar 30 07:36 |
| tedbox2 | MaxDrei, I hope that you don't mean by 'gold standard' that we take a strict line and simply decide on the basis of the most simple analysis. When selecting from 2 lists there is a genuine issue about how to balance fairness to the applicant and third parties. Taken to the extreme it means that any 'new combination' derived from features in the specification, such as A+B+C, adds matter if those 3 features are not specifically mentioned in | Mar 30 07:36 |
| tedbox2 | combination. Examiners at the EPO do raise such objections even when the features are not disclosed as part of a traditional list, but are being discussed as different embodiments. The EPO seems to have taken the view that some type of inventive step analysis cannot be used to assess whether the combination is disclosed (i.e. using the rule that all obvious combinations are disclosed for the purpose of providing basis for claim amendment). There | Mar 30 07:36 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Does the requirement for a "technical contribution" in a novel selection survive? (if selecting from convergent lists) (T 1621/16) - The IPKat | Mar 30 07:36 | |
| tedbox2 | is the vague notion of implicit disclosure which does not lead to a workable test. After that we are left with 'pointers' to the combination having to be present in the specification, with little certainty as to what a pointer is, but it being related to preferred or exemplified embodiments. I predict none of these approaches will crystallise into the Decision that you desire which seems to be a concrete set of rules to decide on what is | Mar 30 07:36 |
| tedbox2 | disclosed. | Mar 30 07:36 |
| tedbox2 | My alternative approach, which I might as well suggest as coronavirus reshapes the economic landscape, is to ask whether the applicant 'deserves' the amendment they are trying to make in view of the contribution they are making over the prior art. If it is an epic contribution we should be lenient on added matter, and let them claim the invention as they wish. If it is a modest invention we should judge with a lot more caution what 'adds matter' | Mar 30 07:36 |
| tedbox2 | in view of the fact they have contributed little. That does not take away the uncertainty but may make the system 'fairer'. | Mar 30 07:36 |
| tedbox2 | PS. It is good to see that you seem to be well in these difficult times. | Mar 30 07:36 |
| tedbox2 | | | Mar 30 07:36 |
| tedbox2 | http://ipkitten.blogspot.com/2020/03/does-requirement-for-technical.html?showComment=1585303137808#c4476096549403813353 | Mar 30 07:36 |
| tedbox2 | " | Mar 30 07:36 |
| tedbox2 | As ever, Attentive sets out clearly the established jurisprudence of the TBA's. I agree with him that the boilerplate paragraph at the end of a typical US-drafted specification, to the effect that the skilled reader can combine everything with everything, is superfluous and adds nothing to the "disclosure". | Mar 30 07:36 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Does the requirement for a "technical contribution" in a novel selection survive? (if selecting from convergent lists) (T 1621/16) - The IPKat | Mar 30 07:36 | |
| tedbox2 | But that's the whole point. It is superfluous precisely because the skilled reader knows that anyway. The skilled reader, scouring the text and drawings, hungry for useful teaching, is doing that anyway and (unlike litigation lawyers) does not need the paragraph at the end to remind him to do that. Who remembers the toy for little girls, with a paper figure accompanied by cut-out items of clothing, hat, blouse, skirt, shoes. My sister could play | Mar 30 07:36 |
| tedbox2 | for hours, artfully combining one skirt with a different hat, gloves and shoes. To say that the only thing "derivable" in the toy was the combination on the top of the box is silly. A bit more effort please, from the Boards of Appeal, to put themselves in the shoes of the real world skilled addressee, not only for the purposes of Art 123(2) but also for Art 54 and Art 87 EPC. | Mar 30 07:36 |
| tedbox2 | Attentive, yes of course the same standard should apply, for all of these, what is "disclosed". As I say, it's much harder 8and takes more time and mental effort) to write a reasoned decision explaining why the intermediate generalisation is implicit (or that D1 does indeed destroy novelty) than it is to cover one eye, say "I don't see it" and find that the claim offends Art 123(2) or that the claim is novel over the disclosure of D1. | Mar 30 07:36 |
| tedbox2 | " | Mar 30 07:36 |
| tedbox2 | http://ipkitten.blogspot.com/2020/03/does-requirement-for-technical.html?showComment=1585303137808#c4476096549403813353 | Mar 30 07:36 |
| tedbox2 | " | Mar 30 07:36 |
| tedbox2 | Dear Holistic, | Mar 30 07:36 |
| tedbox2 | Whilst have a certain sympathy with the argument that the applicant might “deserve” certain amendments, the Case Law of the Boards of Appeal is nevertheless very clear in that respect. Inventive step is not what matters, and even if it might be obvious for a person skilled in the art, this is not the criterion adopted by the Boards. | Mar 30 07:36 |
| tedbox2 | When an application is filed, nobody knows in advance whether it will represent a great contribution over the prior art or not. For this reason alone the notion of “deserving” is antonymic to the necessary safety of third parties. And that what the Boards have been saying for a long time. | Mar 30 07:36 |
| tedbox2 | Whilst it is true that the whole reservoir of features originally disclosed can be used /when amending an application or patent, cf. T 81/03, it can however not be considered to be a reservoir from which individual features pertaining to separate sections can be combined in order artificially to create a particular combination, cf. T 1334/09, T 296/96 or T 1306/12. | Mar 30 07:36 |
| tedbox2 | In T 1724/08 it was held that the criterion of "direct and unambiguous disclosure" is quite different from the criterion submitted by the appellant, namely whether a person skilled in the art in view of the disclosure is enabled to achieve the envisaged result, i.e. the claimed functionality, without undue difficulty. | Mar 30 07:36 |
| tedbox2 | This latter criterion would allow many different new definitions of subject-matter, none of which would need to be derivable "directly" and "unambiguously" from the original specification. | Mar 30 07:37 |
| tedbox2 | In T 583/09 it was held that technical information which is clearly and unambiguously derivable from the original application can be explicit or implicit. | Mar 30 07:37 |
| tedbox2 | The term "implicit disclosure" should not be construed to mean matter that does not belong to the content of the technical information provided by a document but may be rendered obvious on the basis of the content of the disclosure. | Mar 30 07:37 |
| tedbox2 | The term "implicit disclosure" relates solely to matter which is not explicitly mentioned, but is a clear and unambiguous consequence of what is explicitly mentioned | Mar 30 07:37 |
| tedbox2 | But that is exactly what you suggest. If you have disclosed three separate embodiments you have not disclosed a combination of all three embodiments, and the general rubber sentences one can find in general at the end of the description will not help whatsoever. | Mar 30 07:37 |
| tedbox2 | It is hard, but we should not forget that added subject-matter and novelty are the two sides of the same coin. What is lost on one side is gained on the other and vice versa. | Mar 30 07:37 |
| tedbox2 | " | Mar 30 07:37 |
| tedbox2 | http://ipkitten.blogspot.com/2020/03/when-court-turned-to-expert-on-whether.html?showComment=1585326622947#c7677466313455666519 | Mar 30 07:37 |
| tedbox2 | "I guess it depends on what you mean by a "Law School". The nature and purpose of expert opinion testimony is very much part of the professional training of lawyers in the UK, and I would be surprised if that was not the case in most other jurisdictions." | Mar 30 07:37 |
| tedbox2 | http://ipkitten.blogspot.com/2020/03/breaking-epo-and-euipo-extend-all.html?showComment=1585426953027#c6118199246397355180 | Mar 30 07:37 |
| tedbox2 | "It's not an interesting debate because the notice clearly doesn't apply to filing a divisional application. Pendency of the earlier application is a condition for filing a divisional application rather than a period to which Rule 134 EPC applies. " | Mar 30 07:37 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | When the court turned to an expert on whether there was cybersquatting - The IPKat | Mar 30 07:37 | |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: EPO and EUIPO extend deadlines in response to COVID-19 pandemic - The IPKat | Mar 30 07:37 | |
| tedbox2 | http://ipkitten.blogspot.com/2020/03/does-requirement-for-technical.html?showComment=1585487640337#c69010538313843374 | Mar 30 07:37 |
| tedbox2 | " | Mar 30 07:37 |
| tedbox2 | ear Max Drei, | Mar 30 07:37 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Does the requirement for a "technical contribution" in a novel selection survive? (if selecting from convergent lists) (T 1621/16) - The IPKat | Mar 30 07:37 | |
| tedbox2 | I have sympathy for your point of view, and the BA have issued some decision which make clear that there are limits to a formalistic approach to added matter. See T 667/08, T 2619/11 and especially T 2179/11 and T 113/16. T 2179/11 is one of those reasoned decision explaining why the intermediate generalisation is implicit. | Mar 30 07:37 |
| tedbox2 | To me the question is where to draw the limits. If you are too lenient, novelty becomes blurred, and then rights of third parties are at stake. | Mar 30 07:37 |
| tedbox2 | When drafting applications, it is difficult to foresee what might happen later during examination when the invention is confronted to prior art which was not known to the inventor. | Mar 30 07:37 |
| tedbox2 | But I have also seen lots of cases in which the application had been so badly drafted, that it does not wonder that it ends up with a lot of added matter when it is properly tided up during prosecution. | Mar 30 07:37 |
| tedbox2 | One thing also to be kept in mind. The responsibility of drafting the application and the claims lies with the applicant or its representative. Once the patent has been granted, the text in which it has been granted was approved by the applicant. | Mar 30 07:37 |
| tedbox2 | In Germany, there is a difference made between grant procedure and procedures after grant. During grant procedure, the criterions established by the German Federal Court is the same as the EPO, see BGH X ZB 5/16 (Phosphatidylcholine). After grant, the BGH has proposed different solutions in an attempt to moderate the deleterious effects of added matter, see BGH X ZR 161/12 (Wound treatment device), but even in Germany there is a price to pay for | Mar 30 07:37 |
| tedbox2 | the proprietor. | Mar 30 07:37 |
| tedbox2 | Simply filing a continuation or a continuation in part, is not a solution either. And there as well if the provisional had been better conceived, it would not be necessary to have to rely on such constructions. | Mar 30 07:37 |
| tedbox2 | " | Mar 30 07:38 |
| tedbox2 | https://twitter.com/KeshaGreen4U/status/1244512497467568129 | Mar 30 07:52 |
| -TechBytesBot/#techbytes-@KeshaGreen4U: "An interdisciplinary team of #Vanderbilt University and Vanderbilt University Medical Center faculty is taking on… https://t.co/zRrRLXLznV | Mar 30 07:52 | |
| -TechBytesBot/#techbytes-@KeshaGreen4U: "An interdisciplinary team of #Vanderbilt University and Vanderbilt University Medical Center faculty is taking on… https://t.co/zRrRLXLznV | Mar 30 07:52 | |
| tedbox2 | | | Mar 30 07:52 |
| tedbox2 | Kesha Green Retweeted Dr. Roy Schestowitz (罗伊) | Mar 30 07:52 |
| tedbox2 | "An interdisciplinary team of #Vanderbilt University and Vanderbilt University Medical Center faculty is taking on the challenge by way of a fabricated, #open-source #ventilator design." | Mar 30 07:52 |
| tedbox2 | #coronavirus #COVID19 #quarantine | Mar 30 07:52 |
| tedbox2 | | | Mar 30 07:52 |
| *tedbox2 is now known as r_schestowitz | Mar 30 12:53 | |
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