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

Att bygga broar över kulturgränser : Om svenskars kommunikation med icke-svenskar vid arbete utanför Sverige

Globalization creates a need for increased communication competence among Swedes working on the global arena. This study is based on reports of communication processes used by Swedes when interacting professionally with non-Swedes. The reports are derived from interviews. The study focuses on three areas. The communication strategies developed by the respondents for intercultural communication. The relationship beween the choice of communication strategies and the cultural backgrounds of the respondents - understood in terms of their personal and professional experiences. The basic theoretical frameworks suitable for the analysis and interpretation of the intercultural communication processes in the described context and for the field more generally. The study also addresses questions concerning language use, cultural training, and gender aspects.Further, wih a point of departure in a review of relevant communication theories, ealier research within intercultural communication both in Sweden and abroad, two principal theoretical approaches are discussed. Social constructionism is used to critically analyse the traditional concepts of "national culture", "culture", and "Swedishness". The other approach is a return to mainstream communication theory as a conceptual cornerstone in studying intercultural communication. The empirical data consist of 30 qualitative interviews, including 10 international businessmen, 10 Swedish Red Cross delegates, and 10 researchers connected with universities in Sweden, all with wide international experience. Those respondents are all Swedish-born and Sweden-educated. The interviews reveal five basic communication strategies, a wide selection of tactics, and many insightful observations. All the strategies and tactics can be used in professional communication/negotiations with non-Swedes. The choice of strategies differs greatly according to the professional cultures of those interviewed, while Swedish identity only rarely plays a part in the choice of strategies and the attitudes expressed in regard to working with non-Swedes. While many of the respondents admitted they lack both a deeper knowledge and understanding of the English language as well as a background in intercultural communication, they deny the need for more support and traning in these areas. The women respondents discussed gender difficulties, and they gave a number of examples of prejudicial behaviour they had experienced or heard about when working abroad. It is clear that a mobilisation of selected traditions within mainstream communication theory would be fruitful for the analysis and theory-building of intercultural communication. In particular, the theoretical horizons of Erving Goffman and Jürgen Habemas serve as useful analytic tools in interpreting the experiences told by members of the different professional cultures. In this context, the conceptual foundation of "national cultures" associated with Geert Hofstede and other researchers are found inadequate. The thesis concludes with the proposal to replace this notion with a renewed approach to intercultural communication that builds upon a combination of social constructionism and mainstream communication theory

A Lexicon of Medieval Nordic Law

"This volume is an indispensable resource for scholars and students of medieval Scandinavia. This polyglot dictionary draws on the vast and vibrant range of vernacular legal terminology found in medieval Scandinavian texts – terminology which yields valuable insights into the quotidian realities of crime and retribution; the processes, application and execution of laws; and the cultural and societal concerns underlying the development and promulgation of such laws. Legal texts constitute an unparalleled – and often untapped – source of information for those studying the literature, languages and history of medieval and Viking Age Scandinavia. The Lexicon is a welcome contribution to the study of medieval Scandinavia on two counts: firstly, it makes accessible a wealth of vernacular historical documents for an English-speaking audience. Secondly, it presents legal terminologies that span the languages and geographies of medieval Scandinavia, drawing on twenty-five legal texts composed in Old Swedish, Old Icelandic, Old Norwegian, Old Danish, Old Gutnish and Old Faroese. By collating and juxtaposing legal terms, the Lexicon thus offers its readers a fascinating, comprehensive window into the legal milieu of medieval Scandinavia as a unified whole. It is in this respect that A Lexicon of Medieval Nordic Law differs from the other major lexica that came before it: where relevant, it gathers closely related terms from multiple Nordic languages beneath single headwords within single entries. This approach illuminates the differences (and similarities) in usage of specific lexical items and legal concepts across geographic areas and through time. This dictionary contains over 6000 Nordic headwords, and is laid out as a standard reference work. It is easily navigable, with a clear structure to each entry, providing English equivalents; textual references; phrases in which headwords frequently appear; cross-references to aid readers in locating synonyms or cognate terms within the lexicon; and references to published works. Roughly one quarter of the headwords supply semantic analysis and detailed information on the textual and historical contexts within which a term might appear, which help the reader to engage with the broader legal concepts underlying specific terms. The Lexicon is thus designed to provide its readers not only with succinct single definitions of Norse legal terms, but with a sense of the wider Scandinavian legal landscape and worldview within which these concepts were developed.

Biological variation of biochemical urine and serum analytes in healthy dogs

BackgroundBiological variation (BV) of urinary (U) biochemical analytes has not been described in absolute terms, let alone as a ratio of the U-creatinine or fractional excretion in healthy dogs. These analytes are potential diagnostic tools for different types of kidney damage and electrolyte disorders in dogs. ObjectivesWe aimed to investigate the BV of specific gravity, osmolality, creatinine, urea, protein, glucose, chloride, sodium, potassium, calcium, and phosphate in urine from healthy pet dogs. MethodsBlood and urine samples from 13 dogs were collected once weekly for 8 weeks. Samples were analyzed in duplicate and in randomized order. For each sample, U-analyte and serum concentrations were measured, and U-analyte/U-creatinine and fractional excretion (FE) were calculated. Components of variance, estimated by restricted maximum likelihood, were used to determine within-subject variation (CVI), between-subject variation (CVG), and analytical variation (CVA). Index of individuality (II) and reference change values were calculated. ResultsCV(I) for all urine analytes varied between 12.6% and 35.9%, except for U-sodium, U-sodium/U-Cr, and FE-sodium, which had higher CV(I)s (59.5%-60.7%). For U-protein, U-sodium, U-potassium, U-sodium/U-creatinine, FE-urea, FE-glucose, FE-sodium, FE-potassium, and FE-phosphate II were low, indicating that population-based RIs were appropriate. The remaining analytes had an intermediate II, suggesting that population-based RIs should be used with caution. ConclusionThis study presents information on the biological variation of urinary and serum biochemical analytes from healthy dogs. These data are important for an appropriate interpretation of laboratory results

Public Opinion, the Death Penalty, and the Eighth Amendment: Testing the Marshall Hypothesis

This report discusses the problem with fault propagation in large scale control systems with object oriented architecture. There seems to be a trade-off between the degree of object encapsulation and the possibility of suppressing propagating error messages -- when an individual object detects a fault, it does not in general know how close it is to the real fault, and hence whether it should report an error to the operator or not. Mechanisms for querying other objects on-the-fly is feasible only for closely related objects due to OO architecture goals

Formal caregivers’ perceptions of quality of care for older people: associating factors

Background Despite the growing number of studies concerning quality of care for older people, there is a lack of studies depicting factors associated with good quality of care from the formal caregivers’ perspective. The aim was to describe formal caregivers’ perceptions of quality of care for older people in the community and explore factors associated with these perceptions. In total, 70 nursing assistants, 163 enrolled nurses and 198 registered nurses from 14 communities in central Sweden participated in the study. They filled out the following questionnaires: a modified version of Quality from the Patient’s Perspective, Creative Climate Questionnaire, Stress of Conscience Questionnaire, items regarding education and competence, Health Index and Sense of coherence questionnaire. The overall response rate was 57 % (n = 431). Results In the perceived reality of quality of care respondents assessed the highest mean value in the dimension medical-technical competence and physical technical conditions and lower values in the dimensions; identity-oriented approach, socio-cultural atmosphere and in the context specific dimension. The caregivers estimated their competence and health rather high, had lower average values in sense of coherence and organizational climate and low values in stress of conscience. Conclusions The PR of quality of care were estimated higher among NA/ENs compared to RNs. Occupation, organizational climate and stress of conscience were factors associated with quality of care that explained 42 % of the variance. Competence, general health and sense of coherence were not significantly associated to quality of care. The mentioned factors explaining quality of care might be intertwined and showed that formal caregivers’ working conditions are of great importance for quality of care

Cardiac troponin I in healthy Norwegian Forest Cat, Birman and domestic shorthair cats, and in cats with hypertrophic cardiomyopathy

Objectives The aims of this study were to assess the potential associations between the serum cardiac troponin I (cTnI) concentration in healthy cats and feline characteristics, systolic blood pressure, heart rate (HR), echocardiographic measurements and storage time; and to compare cTnI concentrations in healthy cats with concentrations in cats with hypertrophic cardiomyopathy (HCM), with or without left atrial enlargement (LAE) and in cats with HCM, to assess potential associations between cTnI concentration and echocardiographic variables. Methods Cardiac TnI was analysed using an Abbott ARCHITECT ci16200 analyser in serum from prospectively included healthy Norwegian Forest Cat (NF; n = 33), Birman (n = 33) and domestic shorthair (DSH; n = 30) cats, and from 39 cats with HCM, with or without LAE. Results In healthy cats, higher cTnI concentrations were found in Birman cats than in NF cats (P = 0.014) and in neutered male cats than in intact females (P = 0.032). Cardiac TnI was positively associated with HR (P <0.0001). In cats with HCM, cTnI concentration was positively associated with left ventricular wall thickness and with left atrial-to-aortic root ratio (all P <= 0.010). Cats with HCM had higher cTnI concentrations than healthy cats, and cTnI concentrations were higher in cats with HCM and LAE than in those with HCM without LAE (all P = 0.0003). Conclusions and relevance Breed and sex may affect serum cTnI concentrations in healthy cats. The cTnI concentration increased with increasing severity of HCM

Sources to the history of gardening

The aim of the Nordic Network for the Archaeology and Archaeobotany of Gardening (NTAA), as it was phrased those first days in Alnarp in the beginning of March 2010, is to: ”bring researchers together from different disciplines to discuss the history, archaeology, archaeobotany and cultivation of gardens and plants”. We had no idea, then, how widely appreciated this initiative would become. The fifth seminar in five years was held on Visingsö June 1-3, 2014 and the sixth seminar will take place in Kristiansand, Norway, June 12-14, 2015. We are very pleased to be able to publish this report, Sources to the History of Gardening: Four Interdisciplinary Seminars 2010–2013, Arranged By the Nordic Network for the Archaeology and Archaeobotany of Gardening (NTAA), based on the first four themes and seminars, in total 26 articles. Most of them origins from one of the seminar contributions 2010, 2011, 2012 and 2013 respectively. However, the editorial group has taken the opportunity, with the aim of the network in mind, to add supplementing contributions on some subjects. The articles are arranged in four themes according to the themes of the seminars. The first theme Archaeological Sources to the History of Gardens and the Cultural Landscape is linked to the first seminar in Alnarp, Sweden, 2010 which had a focus on method, the important connections between archaeology and archaeobotany and the interesting progress within garden archaeology during the last decade. The second theme Cabbage Patches and Kitchen Gardens deals with the second seminar in Norrköping, Sweden, 2011. Its focus was on historical, cultural geographical, archaeological and archaeobotanical research concerning utility gardens or kitchen gardens as well as the concept ‘kålgård’ (cabbage patch or kale yard), its shape and content over time. The third theme Cultural and Garden plants: Under Ground, Above Ground, In Herbariums and Archives connects to the third seminar in Uppsala, Sweden, 2012. It focused on sources, source criticism and interdisciplinary research to gain knowledge on the history of garden cultivation and cultural plants. The articles discuss, among other things, herbariums, written sources, DNA and molecular markers, pollen analysis and georadar. The fourth theme for NTAA’s annual seminar was Cultural Relict Plants and was held on Bornholm, Denmark, 2013. The focus on the seminar was on research and conservation of cultural relict plants, that is cultural plants which have survived in the same place for a long time after the actual cultivation has ceased. We dedicate this report to Kjell Lundquist (1955-2011) who were one of the initiators to this network and we hope it will inspire continuous research and new methodological discussions