Ensuring an Inventor's Patent Rights: Recent Supreme Court Case Clarifies Timing of Application

Patent law encourages the development and transfer of technology by making the information regarding new inventions public knowledge, while providing the inventor with the right to exclude others from making, using or selling the invention for 20 years. Because the exclusive rights to the invention are limited in time, and to prevent the inventor from gaining additional time, the application for a patent must be filed within a statutorily prescribed time. Recently, the U.S. Supreme Court in the case of Pfaff v. Wells Electronics, Inc. clarified one aspect related to the timing of the patent application. This article specifically examines the Pfaff case and the question of when an invention subject to a contract to sell exists as it relates to the timing of patent applications.     

'Beyond Left and Right': The New Partisan Politics of Welfare

The 'new politics of the welfare state,' the term coined by Pierson (1996) to differentiate between the popular politics of welfare expansion and the unpopular politics of retrenchment, emphasizes a number of factors that distinguish countries' capacities to pursue contentious measures and avoid electoral blame. Policy structures, vested interests, and institutions play a prominent role in accounting for cross-national differences in leaders' abilities to diffuse responsibility for divisive initiatives. One important omission from the 'new politics' literature, however, is a discussion of partisan politics. 'Old' conceptualizations of the political right and left are implicitly taken as constants despite radical changes in the governing agenda of many leftist parties over the last decade. Responding to this oversight, Castles (1998) has recently probed the role of parties with respect to aggregate government expenditures, only to concludethat parties do not matter under 'conditions of constraint.' This article contends that parties are relevant to the 'new politics' and that, under specified institutional conditions, their impact is counterintuitive. In some notable cases the left has had more effect inbruising the welfare state than the right. One explanation for these cross-cutting tendencies is that parties not only provide a principal source of political agency, they also serve as strategies, thereby conditioning opportunities for political leadership. By extension, they need to be situatedwithin the 'new politics' constellation of blame-avoidance instruments.     

Sexual dimorphism in America: geometric morphometric analysis of the craniofacial region

One of the four pillars of the anthropological protocol is the estimation of sex. The protocol generally consists of linear metric analysis or visually assessing individual skeletal traits on the skull and pelvis based on an ordinal scale of 1-5, ranging from very masculine to very feminine. The morphologic traits are then some how averaged by the investigator to estimate sex. Some skulls may be misclassified because of apparent morphologic features that appear more or less robust due to size differences among individuals. The question of misclassification may be further exemplified in light of comparisons across populations that may differ not only in cranial robusticity but also in stature and general physique. The purpose of this study is to further examine the effect of size and sex on craniofacial shape among American populations to better understand the allometric foundation of skeletal traits currently used for sex estimation. Three-dimensional coordinates of 16 standard craniofacial landmarks were collected using a Microscribe-3DX digitizer. Data were collected for 118 American White and Black males and females from the W.M. Bass Donated Collection and the Forensic Data Bank. The MANCOVA procedure tested shape differences as a function of sex and size. Sex had a significant influence on shape for both American Whites (F = 2.90; d.f. = 19, 39; p > F = 0.0024) and Blacks (F = 2.81; d.f. = 19, 37; p > F = 0.0035), whereas size did not have a significant influence on shape in either Whites (F = 1.69; d.f. = 19, 39; p > F = 0.08) or Blacks (F = 1.09; d.f. = 19, 37; p > F = 0.40). Therefore, for each sex, individuals of various sizes were statistically the same shape. In other words, while significant differences were present between the size of males and females (males on average were larger), there was no size effect beyond that accounted for by sex differences in size. Moreover, the consistency between American groups is interesting as it suggests that population differences in sexual dimorphism may result more from human variation in size than allometric variation in craniofacial morphology.     

A DNA-based approach for the forensic identification of Asiatic black bear (Ursus thibetanus) in a traditional Asian medicine

Attempts to prevent illegal trade in bile and gallbladders from Asiatic black bears, Ursus thibetanus, are hampered by difficulties associated with identifying such items. We extracted DNA from bile crystals of unknown species origin and generated partial cytochrome b (cyt b) sequences using either universal primers (positioned in conserved regions of cyt b), or primers designed on existing U. thibetanus sequences (UT). Species origin was determined by aligning resolved sequences to reference sequence data. The universal primers were unsuitable for U. thibetanus identification when multiple species templates were present in the samples. The UT primers amplified U. thibetanus DNA from all sample extracts, including those containing mixed species templates. The amplified fragment can distinguish U. thibetanus from the most closely related species, U. americanus, a distinct advantage of DNA sequencing over the methods currently used to analyze suspected U. thibetanus bile.     

Policy influences on community trail development

This study explores processes and policies that facilitate the development of community trails. With funding from Active Living Research and the research framework of the Physical Activity Policy Research Network (PAPRN), we conducted a multiple-site case study. A total of six trails in Hawaii, Massachusetts, Missouri, North Carolina, South Carolina, and Washington were chosen for study. The goals of this case study were to identify the policy influences on trail development, explore the roles of key players in trail development, and compare and contrast findings from the different trails. Trail development can be a long process. Some of the trails took over a decade to complete because of funding, opposition, and roadblocks in the form of design standard policies. Work in trail development requires a team of many players, and it is necessary to balance their varied motives to accomplish a shared overall goal. Foresight through the master planning process is also a vital component of successful trail development. Finally, community involvement is key. Communities contemplating trail development should explore the effects of policy on the trail projects reported here to proactively identify potential influence.     

Police response to domestic violence: making decisions about risk and risk management

Assessing and responding to risk are key elements in how police respond to domestic violence. However, relatively little is known about the way police make judgments about the risks associated with domestic violence and how these judgments influence their actions. This study examines police decisions about risk in domestic violence incidents when using a risk assessment instrument. Based on a sample of 501 risk assessments completed by police in Australia, this study shows that a limited number of items on the risk assessment instrument are important in police officers' decisions about risk. Statistical analyses show that the victim's level of fear contributes to police officers' judgment on the level of risk and their decisions on which risk management strategy should be used. These findings suggest that research on police responses to domestic violence needs to pay greater attention to situational dynamics and the task requirements of risk-based decision making.     

Incidence of auditory ossicle luxation and petrous bone fractures detected in post-mortem multislice computed tomography (MSCT)

As the auditory ossicles are difficult to display without harming them in conventional autopsies, lesions of these minute bones and the ossicular chain are regularly missed. In this study, the method of choice in clinical medicine for the examination of such lesions, namely multislice computed tomography, was applied to 100 corpses.The hereby obtained results regarding ossicle luxation and petrous bone fracture indicated that the lesions were not dependant on the amount, but rather on the type of energy inflicted to the head.