Taboo, the Game: Patent Office Edition—The New Preissuance Submissions Under the America Invents Act

Thorough patent examination ensures that issued patents confer constitutionally granted incentives to innovate but do not create inappropriately broad monopolies. Examiners at the United States Patent and Trademark Office are alone tasked with striking this proper balance, in part by searching the universe of existing published knowledge to determine the originality of the applied-for invention. In 2011, Congress enacted the Leahy-Smith America Invents Act, which included a provision allowing the public to present examiners with relevant publications that the examiners’ own searches might not otherwise uncover. However, this “preissuance submissions” provision and its related administrative rule are tempered by 35 U.S.C. § 122(c) (2006), which prohibits any third-party, pre-grant “protest or other form of [preissuance] opposition” to an application. Thus, although a party may describe to an examiner how its submission is relevant to an application, that party is prohibited from arguing how the submission renders that application unpatentable. This Note argues that Congress should amend § 122(c) to permit preissuance third-party argumentation for two reasons. First, the current scheme arguably violates that law already. Second, a rule allowing submitter argumentation would better incentivize participation by competitive parties who fear that examiners might not recognize their submitted publications\u27 full invalidating potential

Phylogenetic and chromosomal analyses of multiple gene families syntenic with vertebrate Hox clusters

<p>Abstract</p> <p>Background</p> <p>Ever since the theory about two rounds of genome duplication (2R) in the vertebrate lineage was proposed, the Hox gene clusters have served as the prime example of quadruplicate paralogy in mammalian genomes. In teleost fishes, the observation of additional Hox clusters absent in other vertebrate lineages suggested a third tetraploidization (3R). Because the Hox clusters occupy a quite limited part of each chromosome, and are special in having position-dependent regulation within the multi-gene cluster, studies of syntenic gene families are needed to determine the extent of the duplicated chromosome segments. We have analyzed in detail 14 gene families that are syntenic with the Hox clusters to see if their phylogenies are compatible with the Hox duplications and the 2R/3R scenario. Our starting point was the gene family for the NPY family of peptides located near the Hox clusters in the pufferfish <it>Takifugu rubripes</it>, the zebrafish <it>Danio rerio</it>, and human.</p> <p>Results</p> <p>Seven of the gene families have members on at least three of the human Hox chromosomes and two families are present on all four. Using both neighbor-joining and quartet-puzzling maximum likelihood methods we found that 13 families have a phylogeny that supports duplications coinciding with the Hox cluster duplications. One additional family also has a topology consistent with 2R but due to lack of urochordate or cephalocordate sequences the time window when these duplications could have occurred is wider. All but two gene families also show teleost-specific duplicates.</p> <p>Conclusion</p> <p>Based on this analysis we conclude that the Hox cluster duplications involved a large number of adjacent gene families, supporting expansion of these families in the 2R, as well as in the teleost 3R tetraploidization. The gene duplicates presumably provided raw material in early vertebrate evolution for neofunctionalization and subfunctionalization.</p

Does Mechanical Screening of Contaminated Forest Fuels Improve Ash Chemistry for Thermal Conversion?

The effect of mechanical screening of severely contaminated forest fuel chips was investigated, focusing on main ashforming elements and slagging tendency and other properties with relevance for thermal conversion. In this study, screening operations were performed according to practice on an industrial scale by combining a star screen and a supplementary windshifter in six different settings and combinations. Mechanical screening reduced the amount of ash and fine particles in the accept fraction. However, the mass losses for the different screening operations were substantial (20−50 wt %). Fuel analyses of the non-screened and the screened fuels showed that the most significant screening effect was a reduction of Si and Al, indicating an effective removal of sand and soil contaminations. However, the tested fuel’s main ash-forming element’s relative concentration did not indicate any improved combustion characteristics and ash-melting behavior. Samples of the accept fractions and non-screened material were combusted in a single-pellet thermogravimetric reactor, and the resulting ashes’ morphology and elemental composition were analyzed by scanning electron microscopy−energy dispersive X-ray spectrometry and the crystalline phases by powder X-ray diffraction. Results from both these analyses confirmed that screening operations had no, or minor, effects on the fuels’ ash chemistry and slagging tendencies, i.e., the fuels’ proneness to ash melting was not improved. However, the reduction of ash and fine particles can reduce slagging and other operational problems in smaller and more sensitive combustion units

Machine Learning Techniques for Gait Analysis in Skiing

We investigate the use of supervised machine learning on data from ski-poles equipped with force sensors, with the goal of auto- matically identifying which sub-technique the skier is using. Our first contribution is a demonstration that sub-technique identification can be done with high accuracy using only sensors in the pole. Secondly, we also compare different machine learning algorithms (LSTM neural networks and random forests) and highlight their respective strengths and weaknesses, providing practitioners working with sports data some guidance for choice of machine learning algorithms

Early vertebrate chromosome duplications and the evolution of the neuropeptide Y receptor gene regions

<p>Abstract</p> <p>Background</p> <p>One of the many gene families that expanded in early vertebrate evolution is the neuropeptide (NPY) receptor family of G-protein coupled receptors. Earlier work by our lab suggested that several of the NPY receptor genes found in extant vertebrates resulted from two genome duplications before the origin of jawed vertebrates (gnathostomes) and one additional genome duplication in the actinopterygian lineage, based on their location on chromosomes sharing several gene families. In this study we have investigated, in five vertebrate genomes, 45 gene families with members close to the NPY receptor genes in the compact genomes of the teleost fishes <it>Tetraodon nigroviridis </it>and <it>Takifugu rubripes</it>. These correspond to <it>Homo sapiens </it>chromosomes 4, 5, 8 and 10.</p> <p>Results</p> <p>Chromosome regions with conserved synteny were identified and confirmed by phylogenetic analyses in <it>H. sapiens, M. musculus, D. rerio, T. rubripes </it>and <it>T. nigroviridis</it>. 26 gene families, including the NPY receptor genes, (plus 3 described recently by other labs) showed a tree topology consistent with duplications in early vertebrate evolution and in the actinopterygian lineage, thereby supporting expansion through block duplications. Eight gene families had complications that precluded analysis (such as short sequence length or variable number of repeated domains) and another eight families did not support block duplications (because the paralogs in these families seem to have originated in another time window than the proposed genome duplication events). RT-PCR carried out with several tissues in <it>T. rubripes </it>revealed that all five NPY receptors were expressed in the brain and subtypes Y2, Y4 and Y8 were also expressed in peripheral organs.</p> <p>Conclusion</p> <p>We conclude that the phylogenetic analyses and chromosomal locations of these gene families support duplications of large blocks of genes or even entire chromosomes. Thus, these results are consistent with two early vertebrate tetraploidizations forming a paralogon comprising human chromosomes 4, 5, 8 and 10 and one teleost tetraploidization. The combination of positional and phylogenetic data further strengthens the identification of orthologs and paralogs in the NPY receptor family.</p

Neuropeptide Y-family peptides and receptors in the elephant shark, Callorhinchus milii confirm gene duplications before the gnathostome radiation

AbstractWe describe here the repertoire of neuropeptide Y (NPY) peptides and receptors in the elephant shark Callorhinchus milii, belonging to the chondrichthyans that diverged from the rest of the gnathostome (jawed vertebrate) lineage about 450 million years ago and the first chondrichthyan with a genome project. We have identified two peptide genes that are orthologous to NPY and PYY (peptide YY) in other vertebrates, and seven receptor genes orthologous to the Y1, Y2, Y4, Y5, Y6, Y7 and Y8 subtypes found in tetrapods and teleost fishes. The repertoire of peptides and receptors seems to reflect the ancestral configuration in the predecessor of all gnathostomes, whereas other lineages such as mammals and teleosts have lost one or more receptor genes or have acquired 1–2 additional peptide genes. Both the peptides and receptors showed broad and overlapping mRNA expression which may explain why some receptor gene losses could take place in some lineages, but leaves open the question why all the known ancestral receptors have been retained in the elephant shark

High Density Circumstellar Interaction in the Luminous Type IIn SN 2010jl: The first 1100 days

HST and ground based observations of the Type IIn SN 2010jl are analyzed, including photometry, spectroscopy in the ultraviolet, optical and NIR bands, 26-1128 days after first detection. At maximum the bolometric luminosity was $\sim 3\times10^{43}$ erg/s and even at 850 days exceeds $10^{42}$ erg/s. A NIR excess, dominating after 400 days, probably originates in dust in the circumstellar medium (CSM). The total radiated energy is $> 6.5\times10^{50}$ ergs, excluding the dust component. The spectral lines can be separated into one broad component due to electron scattering, and one narrow with expansion velocity $\sim 100$ km/s from the CSM. The broad component is initially symmetric around zero velocity but becomes blueshifted after $\sim 50$ days, while remaining symmetric about a shifted centroid velocity. Dust absorption in the ejecta is unlikely to explain the line shifts, and we attribute the shift instead to acceleration by the SN radiation. From the optical lines and the X-ray and dust properties, there is strong evidence for large scale asymmetries in the CSM. The ultraviolet lines indicate CNO processing in the progenitor, while the optical shows a number of narrow coronal lines excited by the X-rays. The bolometric light curve is consistent with a radiative shock in an $r^{-2}$ CSM with a mass loss rate of $\sim 0.1$ M_sun/yr. The total mass lost is $> 3$ M_sun. These properties are consistent with the SN expanding into a CSM characteristic of an LBV progenitor with a bipolar geometry. The apparent absence of nuclear processing is attributed to a CSM still opaque to electron scattering.Comment: ApJ in press. Updated and changed after referees comment

Fibroblast growth factor 23, mineral metabolism and mortality among elderly men (Swedish MrOs)

Background: Fibroblast growth factor 23 (FGF23) is the earliest marker of disturbed mineral metabolism as renal function decreases. Its serum levels are associated with mortality in dialysis patients, persons with chronic kidney disease (CKD) and prevalent cardiovascular disease (CVD), and it is associated with atherosclerosis, endothelial dysfunction and left ventricular hypertrophy in the general population. The primary aim of this study is to examine the association between FGF23 and mortality, in relation to renal function in the community. A secondary aim is to examine the association between FGF23 and CVD related death. Methods: The population-based cohort of MrOS Sweden included 3014 men (age 69-81 years). At inclusion intact FGF23, intact parathyroid hormone (PTH), 25 hydroxyl vitamin D (25D), calcium and phosphate were measured. Mortality data were collected after an average of 4.5 years follow-up. 352 deaths occurred, 132 of CVD. Association between FGF23 and mortality was analyzed in quartiles of FGF23. Kaplan-Meier curves and Log-rank test were used to examine time to events. Cox proportional hazards regression was used to examine the association between FGF23, in quartiles and as a continuous variable, with mortality. The associations were also analyzed in the sub-cohort with estimated glomerular filtration rate (eGFR) above 60 ml/min/1.73 m(2). Results: There was no association between FGF23 and all-cause mortality, Hazard ratio (HR) 95% confidence interval (CI): 1.02 (0.89-1.17). For CVD death the HR (95% CI) was 1.26 (0.99 - 1.59)/(1-SD) increase in log(10) FGF23 after adjustment for eGFR, and other confounders. In the sub-cohort with eGFR > 60 ml/min/1.73 m(2) the HR (95% CI) for CVD death was 55% (13-111)/(1-SD) increase in log(10) FGF23. Conclusions: FGF23 is not associated with mortality of all-cause in elderly community living men, but there is a weak association with CVD death, even after adjustment for eGFR and the other confounders. The association with CVD death is noticeable only in the sub-cohort with preserved renal function

Endotoxin, ergosterol, muramic acid and fungal DNA in dust from schools in Johor Bahru, Malaysia — associations with rhinitis and sick building syndrome (SBS) in junior high school students

This paper studied associations between ocular symptoms, rhinitis, throat and dermal symptoms, headache and fatigue in students by ethnicity and in relation to exposure to chemical microbial markers and fungal DNA in vacuumed dust in schools in Malaysia. A total of 462 students from 8 randomly selected secondary schools in Johor Bahru, Malaysia, participated (96% response rate). Dust was vacuumed from 32 classrooms and analysed for levels of five types of endotoxin as 3-hydroxy fatty acids (C10, C12, C14, C16 and C18 3-OH), muramic acid, ergosterol and five sequences of fungal DNA. Multiple logistic regression was applied. Totally 11.9% reported weekly ocular symptoms, 18.8% rhinitis, 15.6% throat and 11.1% dermal symptoms, 20.6% headache and 22.1% tiredness. Totally 21.1% reported pollen or furry pet allergy (atopy) and 22.0% parental asthma or allergy. Chinese students had less headache than Malay and Indian had less rhinitis and less tiredness than Malay. Parental asthma/allergy was a risk factor for ocular (odds ratio = 3.79) and rhinitis symptoms (OR = 3.48). Atopy was a risk factor for throat symptoms (OR = 2.66), headache (OR = 2.13) and tiredness (OR = 2.02). There were positive associations between amount of fine dust in the dust samples and ocular symptoms (p < 0.001) and rhinitis (p = 0.006). There were positive associations between C14 3-OH and rhinitis (p < 0.001) and between C18 3-OH and dermal symptoms (p = 0.007). There were negative (protective) associations between levels of total endotoxin (LPS) (p = 0.004) and levels of ergosterol (p = 0.03) and rhinitis and between C12 3-OH and throat symptoms (p = 0.004). In conclusion, the amount of fine dust in the classroom was associated with rhinitis and other SBS symptoms and improved cleaning of the schools is important. Endotoxin in the school dust seems to be mainly protective for rhinitis and throat symptoms but different types of endotoxin could have different effects. The ethnic differences in symptoms among the students deserve further attention