Lack of clarity as a ground in opposition proceedings

This case concerns whether the opponent can raise clarity objectionsunder Article 84 of the European Patent Convention to thoseparts of the claims that were not amended in the new request.In addition, the case considers the admissibility of a new request(that is, new claims) filed for the first time in oral proceedingsbefore the Board.     

Computerized axial tomography as an aid in bite mark analysis: a case report

A case is presented to demonstrate the use of computerized axial tomography (CAT) to develop precise registration of incisal edges for comparison to bite marks. Emphasis is drawn to the availability of CAT Scanning equipment and the importance of understanding its use as an adjunct or alternative to already accepted methods of incisal registration.     

The role of religiosity in the opposition to drug use

This study examines the causal mechanism linking religiosity to opposition to drug use. Using an electronic mail survey of university students, data were obtained about the participants' religious beliefs, their perceptions of drug use, and their attitudes toward the use of six common drugs (alcohol, cigarettes, cocaine, heroin, LSD, and marijuana). Based on the data, path models were estimated for each substance to investigate the causal structure underlying four constructs: religiosity, perceived immorality of drug use, perceived self-harm of drug use, and attitudes toward the control of drug use (control attitudes). The results support that religiosity affects control attitudes indirectly through perceived immorality of drug use.     

Analysis of distortion in preserved bite mark skin

In addition to other methods for conservation of bite mark evidence, preservation of actual skin from deceased victims is often suggested. This study was undertaken to analyze the dimensional stability of such specimens. Utilizing a prefabricated template, marks approximating "bites" were made in postmortem skin of Miniature Hanford pigs, producing imprints with distinct margins and indentations. Tissue samples were stored in 10% formalin after affixing an acrylic support ring with cyanoacrylate adhesive and sutures. Measurements of the six tooth mark analogues and cross-arch dimensions were taken at intervals of up to 38 days. Data from these measurements indicate a wide range of amount and type of distortion in preserved tissue. Although some samples were dimensionally stable, there was both contraction and expansion of bite mark specimens, even within individual skin samples. It appears that standard techniques for storage and preservation of bite mark samples will not produce reliable dimensional accuracy.     

Unregistered residents and registered crime: an estimate for asylum seekers and irregular migrants in Norway

The purpose of our study has been to better estimate the number and types of crimes committed by asylum seekers and irregular migrants. While data on immigration status for non-residents are lacking in Norwegian crime statistics, we use indirect identifiers (lack of a national ID number, citizenship, residency) to arrive at an estimate for persons with a pending asylum claim and the related group of irregular migrants (i.e. non-EU citizens). A very small amount of the total crimes registered with a known offender are committed by this group. However, these groups are most likely overrepresented as offenders compared to the registered resident population, also when taking age and gender into consideration. Our method is recommended in a field otherwise dominated by political arguments and as an alternative to registering asylum status in crime registers.     

Challenging the validity of a transfer of an opposition: reformatio in peius ex officio examination of transfer by EPO Board

On a request for a transfer of an opposition during the courseof opposition proceedings, the Opposition Division decided toaccept such a transfer and to maintain the patent in amendedform. The opponent appealed and the proprietor challenged thevalidity of the transfer of the opposition in its reply. Didthe principle of reformatio in peius apply? Should the Boardcarry out an ex officio examination of the validity of the transfer?     

Use of an acrylonitrile-butadiene-styrene (ABS) plastic ring as a matrix in the recovery of bite mark evidence

Valuable forensic information can be obtained from analysis of human bite mark injuries after careful retrieval of such evidence from living or deceased victims. It is difficult, however, to maintain the anatomical configuration of the skin, especially where body contours complicate the recovery process. Transillumination of the injury pattern in the skin after removal and preservation of the tissue from a deceased victim can provide significant information in the investigation process. A dimensionally stable matrix is required to support the skin's anatomical configuration during and after its removal. The authors have developed a unique and convenient method of heating and contouring a ring of acrylonitrile-butadiene-styrene (ABS) plastic using table salt over a heat source. When this ring is applied to the deceased victim's skin, and a backing material is added for support, removal of the skin and the bite mark can be accomplished more predictably while maintaining the anatomical contour. It is important to record bite marks accurately as soon after discovery as possible; the authors believe that this technique will significantly aid recovery of such evidence either at the crime scene or in the laboratory. A method of inscribing appropriate anatomical markers and case numbers on the rings is also described.     

Trade mark registration of non-conventional marks: 'Coca-Cola' in Thailand

The Supreme Court of Thailand has issued a historic decisionrelated to registering non-conventional marks in Thailand byallowing the registration of the two-dimensional shape of theCoca-Cola contour bottle as a trade mark.     

Internal current mark in a case of suicide by electrocution.

Fatalities caused by electrocution often lack specific morphologic evidence. Investigation of the death scene along with technical inspection of the electrical apparatus may help in clarifying the cause and manner of death. Cutaneous current marks may be the only sign of low voltage associated fatalities. The authors report a case of an electrician who committed suicide by electrocution using a time switch after oral ingestion of diazepam. Electrodes (coins) were fixed with adhesive tape at the height of the heart to the front and back of the left side of the chest. Autopsy revealed a blackish linear mark on the pleura parietalis of the inner side of the thoracic cavity, connecting the cutaneous current marks. Current-related and heat-related changes, such as hypercontraction bands of the intercostal muscles and coagulative changes of the perineurium of peripheral nerves, were found at histologic examination. Taking into consideration that the body had been under the influence of low-voltage current for 7 days, the morphologic alteration on the pleura parietalis was in accordance with an internal current mark, indicating the main route of current flow through the body. To the authors' knowledge, such a current-related phenomenon has not been reported to occur on an inner body surface before.     

执行程序中船舶价款的分配

按照法律规定的船舶价款分配程序,探讨分配过程中可能出现的一些实务问题,如债权登记与受偿程序和执行中的参与分配程序的比较,债权登记的范围、期限与形式,债权分配的顺位等。     

The use of neuroscientific evidence in Canadian criminal proceedings

This article addresses the question of how neuroscientific evidence is currently used in the Canadian criminal justice system, with a view to identifying the main contexts in which this evidence is raised, as well as to discern the impact of this evidence on judgements of responsibility, dangerousness, and treatability. The most general Canadian legal database was searched for cases in the five-year period between 2008 and 2012 in which neuroscientific evidence related to the responsibility and recidivism risk of criminal offenders was considered. Canadian courts consider neuroscientific evidence of many types, particularly evidence of prenatal alcohol exposure, traumatic brain injury, and neuropsychological testing. The majority of the cases are sentencing decisions, which is useful given that it offers an opportunity to observe how judges wrestle with the tension that evidence of diminished capacity due to brain damage tends to reduce moral blameworthiness, while it also tends to increase perceptions of risk and dangerousness. This so-called double-edged sword of the biological explanation of criminal behavior was reflected in this study, and raises questions about whether and when the pursuit of such evidence is advisable from the defense perspective.     

The gender gap in capital punishment attitudes: An analysis of support and opposition

This study examines the gender gap in attitudes toward the death penalty, including attention to global versus specific measures. The study is based on a survey in Tennessee of attitudes toward crime and criminal justice. Specifically, the study examines male and female global attitudes, attitudes toward a life without parole option, reasons that supporters and opponents give for their views, and how specific factors might change the level of support for or opposition to capital punishment. Although majorities of both genders favor capital punishment, important differences exist. Implications are discussed. An earlier version of this study was presented at the 1999 Annual Meeting of the Southern Criminal Justice Association in Chattanooga, Tennessee. Dr. John Paul Wright was instrumental in conducting the Tennessee Crime Survey, the source of the data used in this study.     

Deploying pre-grant patent opposition mechanisms in Africa to monitor abuse of the patent system

This article examines the extent to which African countries could deploy pre-grant patent opposition provisions in their domestic patent regimes to mitigate the abuse of the patent system. The author argues that the public has the right to participate in the patent system in order to oppose the grant of bad patents. Therefore, if African countries were to strengthen legislative provisions on pre-grant opposition civil society and non-governmental organisations that represent the interests and will of citizens would be able to invoke key provisions to challenge any abuse in the patent system in order to protect the public interest.     

Validity of the use of porcine bone in forensic cut mark studies

Porcine bone is often used as a substitute for human bone in forensic trauma studies, but little has been published on its comparative mechanical behavior. The factors affecting mechanical properties and therefore selection of bone models are complex and include the age of the animal at death, and physiological loading conditions, the latter being of particular relevance when using a quadrupedal animal as a human substitute. The regional variation in hardness of adult and infant porcine bones was investigated using Vickers’ indentation tests and compared to published data for human limb bones to relate differences to inherent genetic effects and loading influences, and to examine the validity of the porcine‐human model. Significant differences in hardness were observed both along and around the adult porcine humerus and femur, but no significant differences were found along the length of the infant bones. Significant differences were found between the forelimb and hindlimb, but only in the infant specimens. The hardness values for porcine adult cortical bone from the femur (52.23 ± 1.00 kg mm^?2) were comparable to those reported in the literature for adult human cortical bone from the fibula, ilium, and calcaneus. These data will help inform subject selection in terms of both species and bone type for use in future trauma studies.