Promulgating Requirements for Admission to Prosecute Patent Applications

Among federal agencies, the U. S. Patent and Trademark Office is unique in its ability to require attorneys to submit to special requirements, such as passing a six hour examination, before being permitted to practice before it in patent cases. Indeed, the Supreme Court has held that an individual so admitted to practice before the PTO need not comply with state requirements otherwise applicable to those practicing law. The first part of this article discusses how this requirement came to be. It then discusses how the PTO determines whether an individual is fit to sit for the patent examination, focusing particularly on provisions contained in a bulletin mailed by its Office of Enrollment and Discipline (OED) to all would-be patent practitioners. It also briefly discusses rule-making requirements (and exceptions) generally applicable to federal agencies and examines the nature of the aforesaid provisions intended to affect admission to prosecute patent applications. This article concludes that the detailed provisions sent to applicants, fitting none of the rule-making exceptions, should be promulgated in accordance with the Administrative Procedure Act. It also concludes that, in the meantime, those provisions should not be regarded as binding on applicants to practice before the PTO in patent cases. Finally, the article contains an appendix that should be of particular interest to persons involved with software patents

Giant Cell Tumor of Bone: Documented Progression over 4 Years from Its Origin at the Metaphysis to the Articular Surface.

The exact location of origin for giant cell tumors of bone (GCTB) remains controversial, as lesions are not routinely imaged early but rather late when the tumor is large and clinically symptomatic. At the time of diagnosis, GCTB are classically described as lucent, eccentric lesions with nonsclerotic margins, located within the epiphysis to a greater extent than the metaphysis. Here we present a case of a biopsy proven GCTB initially incidentally seen on MRI as a small strictly metaphyseal lesion, which over the course of several years expanded across a closed physis to involve the epiphysis and abut the articular surface/subchondral bone plate

The effect of metapopulation processes on the spatial scale of adaptation across an environmental gradient

We show that the butterfly Aricia agestis (Lycaenidae) is adapted to its thermal environment in via integer changes in the numbers of generations per year (voltinism): it has two generations per year in warm habitats and one generation per year in cool habitats in north Wales (UK). Voltinism is an “adaptive peak” since individuals having an intermediate number of generations per year would fail to survive the winter, and indeed no populations showed both voltinism types in nature. In spite of this general pattern, 11% of populations apparently possess the “wrong” voltinism for their local environment, and population densities were lower in thermally intermediate habitat patches. Population dynamic data and patterns of genetic differentiation suggest that adaptation occurs at the metapopulation level, with local populations possessing the voltinism type appropriate for the commonest habitat type within each population network. When populations and groups of populations go extinct, they tend to be replaced by colonists from the commonest thermal environment nearby, even if this is the locally incorrect adaptation. Our results illustrate how stochastic population turnover can impose a limit on local adaptation over distances many times larger than predicted on the basis of normal dispersal movements

Leveraging Epidemiology to Improve Risk Assessment.

The field of environmental public health is at an important crossroad. Our current biomonitoring efforts document widespread exposure to a host of chemicals for which toxicity information is lacking. At the same time, advances in the fields of genomics, proteomics, metabolomics, genetics and epigenetics are yielding volumes of data at a rapid pace. Our ability to detect chemicals in biological and environmental media has far outpaced our ability to interpret their health relevance, and as a result, the environmental risk paradigm, in its current state, is antiquated and ill-equipped to make the best use of these new data. In light of new scientific developments and the pressing need to characterize the public health burdens of chemicals, it is imperative to reinvigorate the use of environmental epidemiology in chemical risk assessment. Two case studies of chemical assessments from the Environmental Protection Agency Integrated Risk Information System database are presented to illustrate opportunities where epidemiologic data could have been used in place of experimental animal data in dose-response assessment, or where different approaches, techniques, or studies could have been employed to better utilize existing epidemiologic evidence. Based on the case studies and what can be learned from recent scientific advances and improved approaches to utilizing human data for dose-response estimation, recommendations are provided for the disciplines of epidemiology and risk assessment for enhancing the role of epidemiologic data in hazard identification and dose-response assessment

Localised plumes in three-dimensional compressible magnetoconvection

Within the umbrae of sunspots, convection is generally inhibited by the presence of strong vertical magnetic fields. However, convection is not completely suppressed in these regions: bright features, known as umbral dots, are probably associated with weak, isolated convective plumes. Motivated by observations of umbral dots, we carry out numerical simulations of three-dimensional, compressible magnetoconvection. By following solution branches into the subcritical parameter regime (a region of parameter space in which the static solution is linearly stable to convective perturbations), we find that it is possible to generate a solution which is characterised by a single, isolated convective plume. This solution is analogous to the steady magnetohydrodynamic convectons that have previously been found in two-dimensional calculations. These results can be related, in a qualitative sense, to observations of umbral dots.Comment: submitted to MNRA

Mountains of Maize, Persistent Poverty

The past two years are a tribute to Zambian farmers; they have responded admirably to government efforts to promote maize production. But ironically, rural poverty remains stubbornly high despite the fact that the government has spent over 2% of the nation’s gross domestic product in supporting maize production and subsidizing inputs for farmers. Why is it that maize production has increased so impressively without making a serious dent in rural poverty? And what are the lessons for the new government?maize, poverty, Zambia, Agricultural and Food Policy, Food Security and Poverty,