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When applicant uses the term "means" or "step" in the preamble skin care pregnancy cheap cleocin gel 20 gm amex, a rejection under 35 U acne vulgaris causes purchase 20gm cleocin gel. When applicant merely states an intended use of the claimed invention in the preamble acne 24 20 gm cleocin gel mastercard. The examiner is reminded that acne in ear 20gm cleocin gel free shipping, absent a determination that a claim limitation invokes 35 U. The Term "Means" or "Step" or the Generic Placeholder Must Be Modified By Functional Language With respect to the second prong of this analysis, it must be clear that the element in the claims is set forth, at least in part, by the function it performs as opposed to the specific structure, material, or acts that perform the function. Also, a statement of function appearing only in the claim preamble is generally insufficient to invoke 35 U. The mere use of the term "means" with no associated function rebuts the presumption that 35 U. A function must be recited within the claim limitation, but it is not necessary that a particular format be used. Typically, the claim limitation will use the linking word "for" to associate "means" or a generic placeholder with the function. However, other linking words may be used, such as "so that" or "configured to", provided it is clear that the claim element is reciting a function. In certain circumstances, it is also not necessary to use a linking word if other words used with "means", or the generic placeholder, convey the function. Such words, however, cannot convey specific structure for performing the function or the phrase will not be treated as invoking 35 U. For example, "ink delivery means", "module configured to deliver ink" and "means for ink delivery" could all be interpreted as claim elements that invoke 35 U. The Term "Means" or "Step" or the Generic Placeholder Must Not Be Modified By Sufficient Structure, Material, or Acts for Achieving the Specified Function With respect to the third prong of this analysis, the term "means" or "step" or the generic placeholder recited in the claim must not be modified by sufficiently definite structure, material, or acts for achieving the specified function. For example, although a generic placeholder like "mechanism" standing alone may invoke 35 U. To determine whether a word, term, or phrase coupled with a function denotes structure, examiners may check whether: (1) the specification provides a description sufficient to inform one of ordinary skill in the art that the term denotes structure; (2) general and subject matter specific dictionaries provide evidence that the term has achieved recognition as a noun denoting structure; and/or (3) the prior art provides evidence that the term is an art-recognized structure to perform the claimed function. During examination, however, applicants have the opportunity and the obligation to define their inventions precisely, including whether a claim limitation invokes 35 U. Not all terms in a means-plus-function or step-plus-function clause are limited to what is disclosed in the written description and equivalents thereof, since 35 U. Interpretation of claims would be confusing indeed if claims that are not means- or step- plus function were to be interpreted as if they were, only because they use language similar to that used in other claims that are subject to this provision. The Federal Circuit concluded that the title of the article in the specification may, by itself, be sufficient to indicate to one skilled in the art the precise structure of the means for performing the recited function, and it remanded the case to the district court "to consider the knowledge of one skilled in the art that indicated, based on unrefuted testimony, that the specification disclosed sufficient structure corresponding to the high-voltage means limitation. If there is no disclosure of structure, material or acts for performing the recited function, the claim fails to satisfy the requirements of 35 U. The disclosure of the structure (or material or acts) may be implicit or inherent in the specification if it would have been clear to those skilled in the art what structure (or material or acts) corresponds to the means- (or step-) plus-function claim limitation. However, "[a] bare statement that known techniques or methods can be used does not disclose structure" in the context of a means plus function limitation. The court held that excluding the physician, no structure accomplishes the claimed dual functions. Because no structure disclosed in the embodiments of the invention actually performs the claimed dual functions, the specification lacks corresponding structure as required by 35 U. If an applicant fails to set forth an adequate disclosure, the applicant has in effect failed to particularly point out and distinctly claim the invention as required by the 35 U. The Corresponding Structure Must Be Disclosed In the Specification Itself in a Way That One Skilled In the Art Will Understand What Structure Will Perform the Recited Function the proper test for meeting the definiteness requirement is that the corresponding structure (or material or acts) of a means- (or step-) plus-function limitation must be disclosed in the specification itself in a way that one skilled in the art will understand what structure (or material or acts) will perform the recited function. In Atmel, the patentee claimed an apparatus that included a "high voltage generating means" limitation, thereby invoking 35 U. The specification incorporated by reference a non-patent document from a technical journal, which described Rev.

So acne 60 year old woman buy 20 gm cleocin gel visa, a very interesting question will be answered here acne questionnaire cheap cleocin gel 20gm visa, I suspect: how valuable is text compared to water or to business An unfair question acne juvenil order cleocin gel 20 gm overnight delivery, perhaps skin care korean brand cleocin gel 20 gm with mastercard, but it points to some of the challenges when it comes to educating our colleagues and others about why textual scholarship matters. This is not at all to say that the university here is not supportive of digital humanities scholarship, but we have many challenges as we build not just our discrete research projects, but also a systematic framework for support. And while the funds available are signicantly lower than 31 32 generally available in the sciences, it is a good start. However, what we face is a matter of developing nonexistent policies and systems for continued nancial, material and human resources. Every aspect of digital research seems to come down to a matter of education and building, long before one gets to actual research. The startup grant provided by the university, for example, required a reversal of decision by a toplevel administrator, since my application had been turned down in the apparent assumption that a startup grant of $12,000 was unnecessary to literary research. It will take some time to establish a milieu where it is well understood that literary scholars will need more equipment than a word processor, a few books, and some chalk! Outside of the process of grantsmanship, determining the foundational level of support that can be accessed and built upon by individual projects has proven to be a challenge. Support for research is a high priority for the next two years and, he explains, it is not merely providing more cycles and getting supercomputer access. Data storage, he says, can be accommodated easily and cheaply, but how long we keep the data and how we organize it still needs to be determined. But longevity is what I want, and one aspect of the process seems to involve repeatedly explaining to those outside of the humanities what data is to us. Unlike other disciplines, the texts produced in the humanities are not immediately superseded by new discoveries. We expect any text or project we produce to have a long life, and this means that, in ddition to support and infrastructure for building and storing these new forms of editions, we will need to have access to means for upgrading and Available for free at Connexions <cnx. Curation, Bunt suggests, will be the responsibility of the scholar; I suspect it should be a joint responsibility of the library and the scholar, but the library too will need a signicant investment of resources and infrastructure if it is to ultimately host digital projects over the long term. However, the ordinary needs that are normally quite inexpensive and readily available through a commercial provider are prohibitively expensive, cannot be managed by the researcher due to security constraints, and require wait time for assistance in a university setting. I pay about $2 per month for hosting my site on iWeb, a commercial service in Quebec, with these capabilities built in. Ideally, we need a separate server for experimental work so that there is no potential for a security hole on the larger system. We need an institutional repository that is not based merely on archiving electronic versions of printed articles and books (as important as that is). Even at the most basic levels, we need a reliable capital funds allocation to buy and upgrade servers and desktop computers, and (however unlikely, given the economic constraints all universities are facing right now) hire a dedicated programmer / sys admin whose job description is to support faculty research. Presently, each digital project is required to provide its own funding for markup and programming. This has often amounted to hiring students in the past, but without a dedicated research support programmer / sys admin, smaller projects without access to external funding must be planned to require little by way of updates to code; they are also jeopardized by the fact that programmers and student assistants hired for the short term will move on, leaving a researcher (sometimes with little expertise in the necessary techniques) with the problem of not being able to easily upgrade or modify the existing project. Aside from the very complex and demanding application process that has generated roughly eight hundred email messages between me and various constituents at the university, I ndeven with assistance from research servicesthat research time is eaten up with budgeting; determining, or negotiating, with various levels of administration concerning who does which job (one cannot, I nd, purchase a camera without the involvement of several separate units); nding programmers who can actually do the work and will answer my emails; lling out and photocopying forms; justifying my expenses and sending identical documentation to both Research Services and Financial Services Division, and so on. One most memorable exchange arose from the stipulation that books are not an eligible expense for infrastructure. Because I wanted to scan original eighteenth-century editions and maps, I found myself arguing that, for the purposes of my studies, these books could be considered core data, which is an allowable expense. They have many priorities and are in much demand: one small project with limited funds vondon. These issues, humorous in retrospect, show how much negotiation and education must go into the inserting of literary scholarship traditionally requiring minimal nancial supportinto funding and support structures built on models of the sciences and social sciences. Technology grants were initiated in 2000 but oer signicantly lower amounts for a shorter duration than the traditional Standard Research Grants.

In this case acne nodules cheap cleocin gel 20 gm with mastercard, the court found "Slickcraft" to be a suggestive mark because it connoted the image of its product acne inflammation generic cleocin gel 20gm line, a boat skin care wholesale 20gm cleocin gel overnight delivery. On proximity of the goods acne vulgaris causes 20 gm cleocin gel amex, the court found that the products were not directly competing, but closely19related in use and function, which increased the likelihood of confusion. Generally, when examining the similarity of trade or service marks, courts consider the marks as a whole and examine whether they look alike, sound the same and mean the same thing. The court in Sleekcraft found that the marks similar in appearance, sound, and meaning, which increased the likelihood of confusion. On the degree of purchaser care, the court found the goods were highquality and expensive, leading to a higher degree of purchaser care because consumers are more likely to pay attention to features of a product, such as the source, when the product is expensive. Grotrian concerned the possibility of confusion as to the source of pianos by competing manufacturers. Although dispelled before an actual sale occurs, initial interest confusion impermissibly capitalizes on the goodwill associated with a mark and is therefore an actionable trademark infringement. The two disputed trademarks were similar because Steinweg was founded by the same family that later moved to the U. After Grotrian, the initial interest confusion doctrine did not catch hold until Mobil Oil Corp. For example, an oil trader might listen to a cold phone call from Pegasus Petroleum-an admittedly oft used procedure in the oil trading 34. Misled into an initial interest, a potential Steinway buyer may satisfy himself that the less expensive Grotrian-Steinweg is at least as good, if not better, than a Steinway. Netscape Communications,the Ninth Circuit also found trademark infringement under the initial interest confusion doctrine. Since then, courts in other circuits have been relying on this doctrine as support for allowing the presence of initial interest confusion to assume undue influence over the outcome in metatag cases. Despite criticisms of the Brookfield opinion, courts have continued to use the initial interest confusion doctrine. Courts have transformed initial interest confusion into a substitute test for the likelihood of confusion multifactor test, creating a much lower burden for trademark owners to establish trademark infringement. Through an analysis of cases from 2002 to 2006, this Part discusses the evolution of initial interest confusion in trademark law. A describes how courts misunderstand the workings of the internet and the types of possible intent behind metatag usage. B discusses ways in which courts are misapplying the doctrine by essentially allowing the existence of initial interest confusion to act as a de facto substitute for likelihood of confusion or by using initial interest confusion as a substitute for evidence of actual confu- 51. Misunderstanding the Internet Courts have misunderstood the workings of the internet in two important ways. First, they have failed to recognize the substantial practical differences between shopping in the traditional sense and shopping online. These differences make the initial interest confusion doctrine a poor fit in the internet context. Second, they have characterized metatag usage of a trademark as necessarily indicative of intent to deceive the public. In doing so, they have failed to acknowledge legitimate reasons why a website owner might use trademarked metatags in her website. This opens up the possibility of inferring intent to deceive the public, lessening the burden of proof for trademark owners alleging infringement. MisunderstandingHow Web Browsing Works Courts are failing to recognize the differences between shopping online and shopping in the brick-and-mortar world. This analogy has become well-cited in cases applying initial interest confusion in the internet context. This was not a metatag case, but its outcome affected the development of the doctrine. This misdirection, coupled with the automobile-related advertisements on the site, provided sufficient grounds for the Court to hold Nissan Computer liable for trademark infringement. Accordingly, "the ease of clicking on a link" was a sufficient reason for the court to find Nissan Computer liable.

The court held that the limitation "which produces substantially equal E and H plane illumination patterns" was definite because one of ordinary skill in the art would know what was meant by "substantially equal acne breakout order 20gm cleocin gel with mastercard. A claim that requires the exercise of subjective judgment without restriction may render the claim indefinite skin care yogyakarta buy 20gm cleocin gel otc. Claim scope cannot depend solely on the unrestrained skin care guru cheap cleocin gel 20 gm amex, subjective opinion of a particular individual purported to be practicing the invention skin care zarraz paramedical safe cleocin gel 20gm. For example, in Datamize, the invention was directed to a computer interface screen with an "aesthetically pleasing look and feel. The meaning of the term "aesthetically pleasing" depended solely on the subjective opinion of the person selecting features to be included on the interface screen. The claims were held indefinite because the interface screen may be "aesthetically pleasing" to one user but not to another. During prosecution, the applicant may overcome a rejection by amending the claim to remove the subjective term, or by providing evidence that the meaning of the term can be ascertained by one of ordinary skill in the art when reading the disclosure. However, "[f]or some facially subjective terms, the definiteness requirement is not satisfied by merely offering examples that satisfy the term within the specification. The interpretation was made more difficult by the fact that the zeolites defined in the dependent claims were not within the genus of the type of zeolites defined in the independent claim. Description of examples and preferences is properly set forth in the specification rather than in a single claim. A narrower range or preferred embodiment may also be set forth in another independent claim or in a dependent claim. If stated in a single claim, examples and preferences lead to confusion over the intended scope of the claim. The Examiner should analyze whether the metes and bounds of the claim are clearly set forth. Examples of claim language which have been held to be indefinite are (A) "a temperature of between 45 and 78 degrees Celsius, preferably between 50 and 60 degrees Celsius"; and (B) "a predetermined quantity, for example, the maximum capacity. On the other hand, the court held that a composition claimed to have a theoretical content greater than 100%. It was observed that subject matter which cannot exist in fact can neither anticipate nor infringe a claim. In a claim directed to a chemical reaction process, a limitation required that the amount of one ingredient in the reaction mixture should "be maintained at less than 7 mole percent" based on the amount of another ingredient. The examiner argued that the claim was indefinite because the limitation sets only a maximum amount and is inclusive of substantially no ingredient resulting in termination of any reaction. The court did not agree, holding that the claim was clearly directed to a reaction process, and explaining that "[t]he imposition of a maximum limit on the quantity of one of the reactants without specifying a minimum does not warrant distorting the overall meaning of the claim to preclude performing the claimed process. Some terms have been determined to have the following meanings in the factual situations of the reported cases: the term "up to" includes zero as a lower limit, In re Mochel, 470 F. For example, when an independent claim recites a composition comprising "at least 20% sodium" and a dependent claim sets the common phrase "an effective amount" may or may not be indefinite. The proper test is whether or not one skilled in the art could determine specific values for the amount based on the disclosure. The phrase "an effective amount" has been held to be indefinite when the claim fails to state the function which is to be achieved and more than one effect can be implied from the specification or the relevant art. The more recent cases have tended to accept a limitation such as "an effective amount" as being definite when read in light of the supporting disclosure and in the absence of any prior art which would give rise to uncertainty about the scope of the claim. The above examples of claim language which have been held to be indefinite are fact specific and should not be applied as per se rules. The lack of clarity could arise where a claim refers to "said lever" or "the lever," where the claim contains no earlier recitation or limitation of a lever and where it would be unclear as to what element the limitation was making reference. Similarly, if two different levers are recited earlier in the claim, the recitation of "said lever" in the same or subsequent claim would be unclear where it is uncertain which of the two levers was intended. A claim which refers to "said aluminum lever," but recites only "a lever" earlier in the claim, is indefinite because it is uncertain as to the lever to which reference is made. Obviously, however, the failure to provide explicit antecedent basis for terms does not always render a claim indefinite. If the scope of a claim would be reasonably ascertainable by those skilled in the art, then the claim is not indefinite. Inherent components of elements recited have antecedent basis in the recitation of the components themselves.

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Creators of collections can also work collaboratively on curating projects within HyperCities acne 4 days before period generic 20 gm cleocin gel with mastercard. User-generated content exists side-by-side with archival repositories acne neonatorum discount cleocin gel 20gm without a prescription, academic scholarship acne guidelines cheap cleocin gel 20gm, research publications acne 38 weeks pregnant discount 20gm cleocin gel visa, and community media, allowing a rich cross-pollination between traditionally separated venues and voices. The beauty of HyperCities is that every community can annotate its history, produce family genealogies through time and space, create oral geo-histories, upload and download geo-referenced media items, build collections, animate historical maps, and curate content. Students, researchers, adult learners, tourists, history bus, and urban enthusiasts can use the platform to track real and virtual pathways through a city, accessing and contributing content on personal computers as well as mobile devices. Technically speaking, HyperCities is a generalizable, easily scalable data model for linking together and publishing geo-temporal content using a unied front-end delivery system and a distributed back-end architecture. While HyperCities hosts and stores some data locally, it is important to underscore that a central aim of the project is to host metadata connections to content stored and maintained in external repositories and on external servers. In this way, HyperCities provides the connective tissue for the community of geo-spatial time travelers by leveraging the extensive development of data repositories and social networks. The HyperCities system architecture follows one of the central trends often identied as Web 2. Although a web-based platform, HyperCities behaves more like a desktop application because the front-end follows an event-driven programming model rather than a standard webpage submission model. When a user rst visits Hypercities, what is shown is a general Google Map zoomed out to show the world with the "historical cities" featured in HyperCities. Each time the user moves the map (zooms in, pans, jumps to a new city) or adjusts the time-bar, the application interacts with one or more external servers without reloading the entire page; instead, only the relevant data (based on spatial and temporal bounding coordinates as well as pre-dened user privileges/permissions) is displayed while the front-end maintains its own state. The front-end is almost a complete application itself because it contains all the display logic. This means that it is not only fairly easy to use HyperCities with dierent data sources, but it is also possible to pull the data from the back-end into any geographically aware environment. What makes HyperCities unique and dierent from Google Earth/Maps are the following: First, we emphasize browsing by both space and time through the integration of "time-layers. Second, our content focuses on Humanities scholarship related to the urban, cultural, and historical transformations of city spaces. It does not include things like trac, driving directions, weather, or commercial interests. Third, we are an aggregation, integration, and presentation platform for academic publishing and community archives. Through our web-services, archival repositories can expose their assets within the HyperCities environment, without ever sacricing the ownership of the objects or the ways the meta-data is maintained and edited. And nally, HyperCities functions like a "Humanities social network" for creating, accessing, editing, and sharing content related to city spaces. Anyone can join and immediately start creating collections that can be made available (or not) to other users. We regularly feature content and collections on the HyperCities homepage, highlighting the work being done by our ever-expanding user base. I will now prole four digital projects that have been created, edited, and published within HyperCities. I briey describe each project here, and I have also provided a "tour" of three of the projects on YouTube as well as the permalinks to each project. Let me start with a digital curation project on the "2009 Election Protests in Iran," which meticulously documents, often minute-by-minute and block-by-block, the sites where protests emerged in the streets of Tehran following the elections in mid-June. With more than one thousand media objects (primarily geo-referenced YouTube videos, Twitter feeds, and Flickr photographs), the project is quite possibly the single largest digital collection to trace the history of the protests and their violent suppression. It is a digital curation project that adds a signicant amount of value to these individual and dispersed media objects by bringing them together in an intuitive, cumulative and open-ended geo-temporal environment that fosters analysis through diachronic and synchronic comparisons. In addition to collecting, organizing, and analyzing the media objects, the creator of the project, Xarene Eskandar, is also working on qualitative analyses of the data (such as mappings of anxiety and shame) as well as investigating how media slogans used in the protests were aimed at many dierent audiences, especially Western ones. Experienced as a complexly layered visual and cartographic history, "Ghost Metropolis" demonstrates how history literally "takes" and "makes" place, transforming the urban, cultural, and social environment as various "regional regimes" leave their impression on the landscape of the global city of Los Angeles. The scholarship of this project can only be appreciated in a hypermedia environment that allows a user to move seamlessly between global and local history, overlaying datasets, photographs, narratives, cartographies, and other visual assets in a richly interactive space. The beauty of this approach is that scholarly research intersects with and is enhanced by community memories and archiving projects that tend, at least traditionally, to exist in isolation from one another. Entitled "Transnational Urbanism in the Americas," this multimedia com- panion to the traditional print journal uses HyperCities to present seven collections that enhance the articles through a rich array of maps, photographs, textual documentation, and other visual resources. The theme of the special issue is "transnationalism," which is analyzed through the visualization and mapping of a wide range of intellectual, political, social, and economic border-crossings.