Patents--Prior Publication-Application of Section 102(b) to Plant Patents

Appellant applied for a plant patent on two roses which he had developed. The Patent Office Board of Appeals affirmed the final rejection of the application on the basis of section 102(b) of the patent statute. Pictures and classifications of the varieties of roses sought to be patented had appeared in printed publications more than one year before appellant\u27s application. On appeal, held, reversed. In order to bar issuance of a plant patent, a description in a printed publication must convey such knowledge as to place the invention within the public domain. In re LeGrice, 301 F.2d 929 (C.C.P.A. 1962)

Evidence-Confessions-Admissiblity of a Subsequent Confession Under the McNabb-Mallory Doctrine

Defendant was indicted for first degree murder and convicted of manslaughter in the Federal District Court for the District of Columbia. Defendant had willingly directed the police to the victim\u27s body and voluntarily signed a written confession during a period of thirty-four hours detention prior to arraignment. At the arraignment defendant was informed of his rights and indicated that he was aware of them; in addition, the preliminary hearing was postponed in order to provide him opportunity to obtain counsel. Twenty hours after his arraignment the defendant once again voluntarily confessed while giving a police officer instructions as to the disposition of the victim\u27s body. At the trial the first confession was excluded because it was made during a period of illegal detention; however, the second confession was admitted as evidence upon a finding by the judge that it was voluntary and independent of the first one. On appeal, held, reversed and remanded for a new trial. A subsequent confession, obtained soon after the rendition of an inadmissible confession, and before the defendant has the aid of counsel, is inadmissible. Killough v. United States, 315 F.2d 241 (D.C. Cir. 1962)

Current Problems in Securities Regulation

This comment analyzes four areas of central significance to adequate protection for the investor: (1) qualifications of those in the securities industry who deal with the public; (2) dissemination of corporate publicity; (3) dissemination of investment advice; and (4) selling practices in the securities industry. The findings and recommendations of the Special Study are given special attention insofar as they bear upon the problems covered. In certain areas, however, recent developments in court and Commission decisions have brought about changes equally as significant as the findings and recommendations of the Special Study. Thus each section covers the background and recent developments in the designated area, as well as the Special Study itself

On the Degeneracy Inherent in Observational Determination of the Dark Energy Equation of State

Using a specific model for the expansion rate of the Universe as a function of scale factor, it is demonstrated that the equation of state of the dark energy cannot be determined uniquely from observations at redshifts $z\lesssim{\rm a few}$ unless the fraction of the mass density of the Universe in nonrelativistic particles, $\Omega_M$, somehow can be found independently. A phenomenological model is employed to discuss the utility of additional constraints from the formation of large scale structure and the positions of CMB peaks in breaking the degeneracy among models for the dark energy.Comment: 12 pages, 3 figures. Several references adde

Leishmania donovani: Immunostimulatory Cellular Responses of Membrane and Soluble Protein Fractions of Splenic Amastigotes in Cured Patient and Hamsters

Visceral leishmaniasis (VL), caused by the intracellular parasite Leishmania donovani, L. chagasi and L. infantum is characterized by defective cell-mediated immunity (CMI) and is usually fatal if not treated properly. An estimated 350 million people worldwide are at risk of acquiring infection with Leishmania parasites with approximately 500,000 cases of VL being reported each year. In the absence of an efficient and cost-effective antileishmanial drug, development of an appropriate long-lasting vaccine against VL is the need of the day. In VL, the development of a CMI, capable of mounting Th1-type of immune responses, play an important role as it correlate with recovery from and resistance to disease. Resolution of infection results in lifelong immunity against the disease which indicates towards the feasibility of a vaccine against the disease. Most of the vaccination studies in Leishmaniasis have been focused on promastigote- an infective stage of parasite with less exploration of pathogenic amastigote form, due to the cumbersome process of its purified isolation. In the present study, we have isolated and purified splenic amastigotes of L. donovani, following the traditional protocol with slight modification. These were fractionated into five membranous and soluble subfractions each i.e MAF1-5 and SAF1-5 and were subjected for evaluation of their ability to induce cellular responses. Out of five sub-fractions from each of membrane and soluble, only four viz. MAF2, MAF3, SAF2 and SAF3 were observed to stimulate remarkable lymphoproliferative, IFN-γ, IL-12 responses and Nitric Oxide production, in Leishmania-infected cured/exposed patients and hamsters. Results suggest the presence of Th-1 type immunostimulatory molecules in these sub-fractions which may further be exploited for developing a successful subunit vaccine from the less explored pathogenic stage against VL

Patents--Prior Publication-Application of Section 102(b) to Plant Patents

Appellant applied for a plant patent on two roses which he had developed. The Patent Office Board of Appeals affirmed the final rejection of the application on the basis of section 102(b) of the patent statute. Pictures and classifications of the varieties of roses sought to be patented had appeared in printed publications more than one year before appellant\u27s application. On appeal, held, reversed. In order to bar issuance of a plant patent, a description in a printed publication must convey such knowledge as to place the invention within the public domain. In re LeGrice, 301 F.2d 929 (C.C.P.A. 1962)

Evidence-Confessions-Admissiblity of a Subsequent Confession Under the McNabb-Mallory Doctrine

Defendant was indicted for first degree murder and convicted of manslaughter in the Federal District Court for the District of Columbia. Defendant had willingly directed the police to the victim\u27s body and voluntarily signed a written confession during a period of thirty-four hours detention prior to arraignment. At the arraignment defendant was informed of his rights and indicated that he was aware of them; in addition, the preliminary hearing was postponed in order to provide him opportunity to obtain counsel. Twenty hours after his arraignment the defendant once again voluntarily confessed while giving a police officer instructions as to the disposition of the victim\u27s body. At the trial the first confession was excluded because it was made during a period of illegal detention; however, the second confession was admitted as evidence upon a finding by the judge that it was voluntary and independent of the first one. On appeal, held, reversed and remanded for a new trial. A subsequent confession, obtained soon after the rendition of an inadmissible confession, and before the defendant has the aid of counsel, is inadmissible. Killough v. United States, 315 F.2d 241 (D.C. Cir. 1962)

Current Problems in Securities Regulation

This comment analyzes four areas of central significance to adequate protection for the investor: (1) qualifications of those in the securities industry who deal with the public; (2) dissemination of corporate publicity; (3) dissemination of investment advice; and (4) selling practices in the securities industry. The findings and recommendations of the Special Study are given special attention insofar as they bear upon the problems covered. In certain areas, however, recent developments in court and Commission decisions have brought about changes equally as significant as the findings and recommendations of the Special Study. Thus each section covers the background and recent developments in the designated area, as well as the Special Study itself