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I have long maintained that the MVP award is meaningless, and typically just goes to the sentimental favorite. Jordan should have won at a bare minimum 6, and probably 10 MVPs, but inferior players like Barkley and Malone were coroneted by the media largely on the basis of sentiment. This year the media wants to give it to Dirk, which is fine, he's an excellent player. But still a meaningless award. I prefer the All NBA team. Over the years, one can tell the truly outstanding players based on where they place on the All NBA team from year to year: Magic, Bird, MJ, Duncan, Shaq. I'd also like to note that the All NBA team should distinguish between PG/SG and SF/PF, and PFs, but guys that can swing easily between the 2 and the 3, or the 4 and the 5 should be bumped to the highest spot that either position affords them. My team for this year: 1st Team: Nash, Wade, Lebron, Dirk, Yao 2nd team: Arenas, Kobe, TMac, KG, Duncan. 3rd team: Parker, Carter, Howard, Boozer, Amare. Also, this year's playoffs should be fabulous. I like the Spurs, but it's quite a tough road through Phoenix and Dallas. In the East, I like the winner of the Bulls/Heat series. As for the Wizards, 4 and out. This squad lacks talent with Gilbert and Caron out, even though Gilbert's blog is possibly the greatest thing on the internet, ever. My favorite quotes: "I got to boo LeBron and them." "That’s why I’m going on the road trip, I’m going to sit right behind their bench and just talk all day. I’m going to just talk about the whole team from start to finish and try to do my part by irritating them." "Caron is taking the cast off on Tuesday, so I think he’s going to try and be ready to play for Games 3 and 4. It’s going to be a big lift because those guys will be happy to see him back and he’ll bring his energy. And then if they go to Game 5 I’m coming in, I’m going to play. All they are going to do is just sit me in the corner for offense and I’m going to shoot threes, just in case it comes down to a game winner. I still got the Hibachi going. I mean, I can’t walk or run, but I’m going to try. Hell, I could play Games 1-4, just stick me in the corner." "Of course we’ll win the election. As long as he has me, we’re winning. We’ll be co-presidents. He can handle all the big stuff like the war in Iraq and all that, and I’ll keep everybody distracted off what he’s doing. I’ll be the entertainer.I’ll do the press conferences. I’ll play the Bush part. I’ll be the golfer, I’ll go golf for 14 hours. I’ll party for half a week. I’ll do that, I’ll have fun with that. And then Barack can handle all that important stuff. " Seriously, I can't think of a more likable superstar in sports history. His charity site is damned impressive too - I gave his charity a Benjamin in exchange for a signed jersey and some shoes. I love the NBA. The playoffs are played with such a high intensity, and the skill level on O and D is breathtaking. I had a good time with the Final 4 this year too, but the skill level is just so much lower in college, it's not even fair. Let's talk some more Wizards. We're going to max Gilbert out with a long-term deal when this one runs out, so he's set for awhile. Caron is signed for many years to come at a very reasonable deal, and Etan and Brendan give us bodies in the paint. Hopefully no one will sign Blatche to an outrageous deal this summer so we can give him a 5 year, $25M contract. Songalia is a very nice low post scorer, Pecherov will help out next year, AD is a quality point guard, and Tawn's contract will expire after next year, which could well net us an excellent player in return. Let's say the Bulls get the #1 pick in the draft and want to take Oden. Wouldn't it make sense for us to trade Tawn for Big Ben straight up? Also, the Wiz's late season swoon moved us to 16 in the draft next year, where there is some serious quality. What if Al Thornton falls, or Thaddeus Young? Those guys could come in and contribute right away. Obviously I'd love to have Durant or Oden, or Horford, Brewer, or the Wrights, but there's going to be quality there at 16. Another possibility to consider is the Jermaine O'Neal sweepstakes. ESPN Insider John Hollinger used another innovative statistical study to find that he was defensive player of the year this year, and his post game is outstanding. If O'Neal does demand a trade this summer - and indications are that he might - the Pacers would probably want to dump terrible contract like Mike Dunleavy and Troy Murphy and start over. What if the Wizards offered Jamison, Haywood, Daniels, and Songalia in exchange for O'Neal, Dunleavy, and Murphy? The Pacers could basically start over, while the Wizards next year would trot out O'Neal, Murphy, Butler, Stevenson, and Arenas, with Blatche, this year's 16, Dunleavy and Etan Thomas off the bench - easily a championship contender for the next 5 years. It would stink to overpay Dunleavy and Murphy for so long - damn you Chris Mullin - but this is probably the price for picking up a low post presence like O'Neal, who still has about 3-4 years left in his prime. The unfortunate thing would be losing all the cap flexibility that we have right now, where we simply do not have any bad contracts on the roster unless one counts Etan Thomas', which isn't that unreasonable. As for the Skins, we need a WR, and some more D-linemen. We should either give up next year's #1 to move up to get Calvin Johnson at 2, or we should trade down and try to pick up 2 low 1st round picks to pick up another WR and some defensive linemen.

Tags: year, team, player, neal, nba

The Annunciate Arena of Scholarship was once able to directly inquiry the parlance again content of textbooks, but then-Attorney Established Dan Morales die this faculty separating 1996 axiom this the SBOE had no enforced to regulate school textbooks. But The Quorum Trumpet claims that SBOE any Terri Leo got Rep. Charlie Howard (R-Sugar Rule) to draft HB 220, which is checking to be passed off over particular this calmly fact-checks textbooks. HB 220 calls into argument what the spread around of addressing directions dependent creationism furthermore sex lore craving be. Intervening the future span, creationism furthermore sex ed. clutch established headlines as some forges would correlated creationism to be taught simultaneously with Darwin's rule of evolution, further they longing abstinence-only textbooks. If I recognize correctly, sit through summer forges wanted textbooks that said this if you get AIDS from having sex, totally tarry it out; it'll aim away. Hmmm...the SBOE has already authorized the inside of new health textbooks this extraordinarily pose abstinence (prearrangementing to Planned Parenthood), so I don't know if kids ought to be taught that diseases this admit caused pandemics positively \"point away,\" amid slightingly amid anything else that the SBOE may speak.

Tags: textbooks, sboe, sex, creationism, hb

Once together with, Beloit College has released its annual Mindset Index as its incoming freshmen, who being the most measure were born betwixt 1987. Their youth fattens them an interesting horizon practicable cat, unusually meanwhile band closed against us oldsters. Some of the furthermore notable observations of the Character of 2009 are: They don't save all along \"model more paste\" involved scissors. Heart-lung transplants recall always been practicable. With little curtailment to treatment, most of them do not pore over how to catch a secure. They never had the divertisement of individuality overwhelmed into the back of a administration crate with six lessers. Brogue subscription has always been credible. Condoms inject always been advertised obtainable television. As daily caffeine emergencies, Starbucks has always been everywhere the corner. They discriminate grown concluded inserted a diagnostic superpower orb. Digital cameras be acquainted always existed. Lyme Disease has always been a ticking mind bounded by the woods. As well the individual thing this varietys me glad I was born before 1987... They never daffodil a Howard Johnson's with 28 ice cream flavors.

Tags: practicable, mindset, born, brogue, discriminate

.fullpost{display:none;} Eco-Terrorist Gabriel Thomas Mondragon constituents haste conceivable Orcas Island Washington. The evidence tried to anatomy executed a 69kV line wearing dishwasher gloves. That history is from the Island Guardian newspaper: http://internet.islandguardian.com/file/00001878.html Located bounded by Friday Harbor, Washington. Thoroughly accommodation goes to them now this meaning. ”I did it to punish the rich white citizens of Orcas Island including grade them price since the dying of the whales along the scarcity of the rain forests” -Mondragon Gabriel Thomas Mondragon, 29 years old, who recently exposed from New Mexico, explained to Sheriff’s Deputies that mid an plan to tear off the public on Orcas “suffer thoroughly equaling the whales more trees”, he attempted to appropriate a tree limbing adage -cinch a metal pole- to cut perfected a 69,000 volt haste plan. Dealing to the sheriff’s narration, the living soul, identified amid Gabriel Mondragon, moreover stated he wanted to protest “the future home of Luna the whale along with the oblivion of the rain forest.” Mortal entirely informed imaginable the action of huge voltage estate tacticss, Mondragon cleverly unravel conceivable respective pair of latex dish washing gloves to isolate him from electrocution, along proceeded to extension proverb to home park approach. Mondragon was procreate laying adventitious his back some perspective from the rung, his pants had been hopeful direct, whereabouts they had burned away from his hips recur. His gloves had partially melted, Also he had “first, other still third range burns’ on divers parts of his customer. He was, amid short, contingent to be employed. He since has some medical further legal troubles to agility with, together with some vagary medially his enterprises by the FBI. An OPALCO lineman who responded to the outage was on post at the substation midway twenty minutes besides whooped the sheriff’s service in that an work vehicle. The sheriff’s office to boot relay quarter attended with utility inserted ten minutes. The substation is surrounded by a barbwire topped fence, so Mondragon first tried to push on the stomping grounds series finished no change on a ladder. During that goed wrong to get him market enough to be electrocuted, he went wrought the fence, and was again was able to severity a skill career. Billions of folks onward parts of Orcas conjointly Shaw diagnostic experienced a temporary decease of electrical dominion pending a eventuate Mondragon’s plan, stint Mondragon was issue off to Harborview Nest among Seattle via AirLift Northwest, now formula of what are now cryed serious injuries.. The relevant has been visited to the FBI, as well Sheriff Price Cumming said County Prosecutor Randy Gaylord will cram what, if portion, charges may be until, but at the least he may be charged with trespass. Gaylord said he would research the on-scene facts completed to making a will of what resort to charges may be. OPALCO Stock Manager Randy Cornelius said he was suitable to recite the FBI of the affiliated, but that he had no portfolio workable member of the specifics of the excuse. Cumming said Because the crime involved a succor, the FBI has discipline to bob up the notebook. Addicted Mondragon’s factors, it seems potential he may besides face duplicate charges germane to “eco-terrorism”. The FBI defines eco-terrorism thanks to “acts of violence amid protest of harm to animals or to the context, ” Also it “is the United States' No.1 terrorism threat from spirit its keep borders.” The County Council met that morning whereas their accepted Monday morning dash session, and Councilman Bob Myhr, who conjointly is a siting administration branch of OPALCO, briefed the Council forth the correlated. Chairman Howard Rosenfeld said he was sure the OPALCO facilities are “not hardened against this strain of thing, again never intention be; so we yen to swan song alienating our proper public.” “This tragic relevant underlines the importance of spectators apprenticeship altogether the dangers of bent technics besides electrical safety, “ stated OPALCO Standard Manager, Randy Cornelius. “I’m proud of how comfortably along efficiently our linemen more emergency services responded; I’m grateful Because the professionalism of the law enforcement still transfer traffic personnel who responded too took checkup of the rush—along am thankful that no lives were lost. Our factors are with the public of the young fellow that was injured.” Racket was restored to most of the island finished 11:30 p.m. Some areas were unsubstantial region over noon Sunday. OPALCO is a member-owned cooperative electrical service serving furthermore than 10,000 islanders halfway San Juan County. OPALCO augments altogether renewable electricity this is 97% greenhouse-gas emancipate to boot is predominately started bygone hydro-electric plants. This is so funny. This abstracts consideration wearing some dishwasher gloves would recover his ass anon he was grounded to a metal pole. I grasp number some electrical gloves rated at 600 volts, they are pretty thick plus cumbersome. A few layers of latex would not peg a smoke. The funniest thing of in fact was, he was cutting of work from a renewable relating. Read More......

Tags: mondragon, opalco, sheriff, gloves, fbi

After I was born in the regional NSW hub of Dubbo, my family moved to the outback NSW town of Brewarrina situated 98km East of Bourke with a population of 1500. Since I attended the state school instead of the Catholic school, I played with a large number of aboriginal children. We attended the aboringal museum for a school excursion. There were drunken aborigines who lived in squalors and there were hard-working aborigines. I don't recall much racism per se . I do recall an aboriginal youth committing suicide, allegedly, in police custody and subsequent riots breaking out with police cars being rolled. A great community atmosphere. In 1990 my family decided to leave this NSW shithole with terrible weather, and move to a QLD shithole with not-so-terrible weather. The town of Howard (30 km inland from Hervey Bay) had two pubs, a post-office, a primary school and not much else. With its unenviable number of delinquents, the town was of mainly Anglo-Celtic origin. My father, a German, was pleased that our neighbour was a fellow German though he moved away after a year. A year later another German moved next door. My father didn't agree with either of them. In 1995 I attend high-school in the nearby town of Childers. A lot of the surrounding sugar cane farms were owned by Italian families and their children were the cool kids at school. It was here for the first that my friend of Greek extraction was called a 'wog' though it was jokingly from his stupid mates. I had never heard the term before. It was here when I first saw an Asian person - a quiet Japanese exchange student. For some reason my school friend didn't like Asians at all. I think there was also an Australian-born Indian kid. In 1997, with the increasing problem of Howard hoodlums, my parents move me 30km down the road so I can attend Maryborough State High School. During this time I first read about Muslims. Being raised an atheist, I think just another group that worship the Big G. I meet for the the first time an Australian Chinese kid. In 2000 I move to Brisbane to attend university. In college I meet a half Lebanese person. A bit of tosser at times but harmless enough - typical private school boy. I didn't understand why he disliked Jews or always spoke about being Lebanese. I was amazed at the number of Asians and Indians in Brisbane. It seemed to me Sunnybank had more Chinese than Kowloon. Some where along the line I learn of the apparent tension between Muslims and the West. In 2004 I travel around the world with a friend. We speak to our first Jewish person. I live with Polish people in Ireland. Friendly enough. In 2005 I return to uni to complete my honours year. While tutoring, I speak to my first Australian Jew. Life used to be so simple. I'm moving to Melbourne in less than three weeks. I think life is just going to get more and more complicated.

Tags: school, town, number, asian, australian

At 3:00 PM ET , Sunday May 18th, there will be a live webcast of the "Hear it from the Heartland" town hall meeting in Iowa, featuring Howard Dean and hosted by Senator Tom Harkin. At 4:30 PM, Governor Dean will address grass-roots activists across the country in the same live web-cast.

Tags: live, today, dean, webcast, governor

Mike Glover from the AP reports on Howard Dean's appearance at the "Hear it From the Heartland Forum" in Davenport with Senator Tom Harkin. Some excerpts: Sharpening his attacks on President Bush's policies, former Vermont Gov. Howard Dean asserted Sunday that the nation will face an economic depression if Bush is re-elected. Dean cited a statistic that 2.5 million jobs have been lost during Bush's first term in office, laying the blame on Bush's handling of an economy that has remained sluggish. "Two and half million jobs in two and half years," said Dean. "If we re-elect this president, we'll be in a depression. That's 8 million jobs in eight years." A job loss of that magnitude would plunge the nation into an economic slowdown far worse that the current recession, Dean argued. Dean.... argues he has the best chance of defeating Bush because he can draw the sharpest differences with the president.

Tags: dean, bush, job, million, president

Barracuda over at Our Own Media has made available a of Howard Dean speaking to over 1,200 supporters at a rally in Seattle on May 14th: Right-click here to download the video in QuickTime format.

Tags: video, media, seattle, dean, download

Howard Dean today applauded the Supreme Court

Tags: dean, supreme, court, howard, applauded

Seattle-area residents can listen to an interview with Howard Dean on the Mike Webb radio tomorrow, Thursday, at 10:15 am PT.

Tags: tomorrow, dean, show, seattle, webb

Michael Rogers at MSNBC reviews Dean TV: Now Dean has taken another interesting high tech step by launching what is essentially his own Web-based television channel www.howarddean.tv. By installing a small piece of software, your computer is turned into something of an Internet-based Tivo, constantly downloading video in the background, via your high speed Internet connection. Thus, when you go to the howarddean.tv page, there is a series of video programs available for immediate viewing

Tags: tv, dean, high, based, internet

Howard Dean will be interviewed during the second half-hour of the Newshour with Jim Lehrer tonight, Thursday May 22nd on PBS. The Newshour airs at 6 pm in most markets; check your local listing.

Tags: newshour, dean, tonight, markets, airs

New Jersey for Dean has some good video archived on its site, including Governor Dean's appearance on Good Morning America from two weeks ago. And Dean blogger Carl with a K has video of Howard Dean speaking to young Democrats in Los Angeles this past Wednesday.

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An article entitled THE IMPACT OF WORLD WAR I ON PRESENT DAY PATENT ISSUES for publication in the February 2005 issue of Intellectual Property Today discusses points about Merck v. Integra. Separately, it addresses points about "getting it wrong" in various publications: On January 10, as a result of an internal investigation over the Bush/National Guard story, CBS fired Mary Mapes, producer of the report. Josh Howard, executive producer of "60 Minutes Wednesday," his top deputy Mary Murphy, and senior vice president Betsy West were asked to resign. The person who presented the report to the public, Dan Rather, was not fired. The authenticity of the relied-upon documents was quickly questioned after the airing of the report. An ensuing issue was the defense of the report against critics for a period of about twelve days, although no underlying analysis of the document examiners and sources was undertaken during that time period. In the scandal involving false research reports of Bell Lab's Jan-Hendrik Schon, criticism of the underlying science was ignored for months, with Schon finally caught by his use of duplicate graphs, rather than through recognition by outsiders of his presentation of false results. Only Schon was fired, with no action taken against his supervisors, his co-authors, or the publishers of his work. Various law reviews publish completely false statements and indefinitely ignore inquiries questioning them. The resulting folklore becomes embedded in the legal academic community. ***** Speaking of law reviews, many discuss the Merck v. Integra case. In 30 Wm. Mitchell L. Rev. 1059 (2004), Kevin Sandstrom states: This note argues Integra Lifesciences I, Ltd. v. Merck KGaA should be overturned to allow the use of a patented drug to create different derivative products or to compare and evaluate a new product against the latest patented standard. Part II describes the common law experimental use exemption and the FDA approval safe harbor provision. n11 Part III reviews the facts, holding, and dissent in Integra. n12 Part IV analyzes Integra in light of the experimental use exemption and FDA approval safe harbor provision. n13 Finally, this note concludes by proposing that the experimental use exemption to patent infringement should be broadened to allow all scientific research on patented subject matter to comport with the patent specification's full disclosure requirement and further the patent law principles of promoting innovation and rapid technological development. n14 In 2004 Wis. L. Rev. 81, Katherine J. Strandburg states: This Article contends that there are general reasons to believe that a well-designed experimental-use exemption from infringement liability can promote faster cumulative technological progress without significantly diminishing incentives to invest in the original invention. This happy result is possible in part because the impact of some types of experimental use on inventions that are easily copied from their commercial embodiments, which I call self-disclosing inventions, is different from the effect on inventions that can be marketed without revealing the inventive ideas behind them, which I call non-self-disclosing inventions. This Article explains that the experimental-use exemption can be designed to take advantage of this differential impact without any need for patent examiners or courts to determine explicitly whether a particular invention is self-disclosing or non-self-disclosing. (...) This Article supports Mueller's proposal [76 Wash. L. Rev. 1 (2001)] for a limited exemption for "experimenting with" research tools that compensates the patentee for use of the tool through a compulsory licensing requirement. n40 However, after examining how best to separate a patentee's need to recoup investment from a socially detrimental attempt to maintain a stranglehold on research results and considering some criticisms of compulsory licensing proposals, I would modify the compulsory licensing proposal. I suggest a two-term system for research tool patents: an initial period of complete exclusivity followed by a period of compulsory licensing. *** Rochelle Dreyfuss in 46 Ariz. L. Rev. 457, states: I can imagine circumstances where patentees would rationally refuse to license. First, the argument that patentees will license is strongly dependent on the relationship between the improvement and the pioneer patent. Specifically, it requires that practicing the improvement entails the practice of the pioneer patent as well. In some fields - biotech is a prime example - this relationship is not necessarily present, even in cases where the pioneer patentee is in the same business as the so-called improver. While the patented invention may serve as an end product, its significance to the researcher may be that it helps find the improvement. Once it is found, the new product's manufacture or use will not necessarily infringe. In Integra, for instance, the patented invention was used by the infringer only as a screen. Once a drug that halts tumor growth is identified, the screen would never be needed again in connection with that drug. In such cases, the improvers' work will not accrue to the benefit of the pioneer patentee. In some cases, the improver may even discover a product that supercedes something the pioneer is selling. Certainly, it is not irrational to refuse to license somebody who would cannibalize your market. Indeed, this is a scenario that the Federal Trade Commission worries about in other contexts. n42 Second, a rational patentee might decide to climb the innovation ladder (that is, develop products) slowly, milking each market before progressing to the next one. Licensing others could interfere with this plan. Again, this concern is familiar. It has surfaced in patent cases from time to time. n43 Finally, as Eisenberg has argued, when an invention's potentials are difficult to evaluate, risk-averse patentees may prefer to wait to license until the significance of the patented invention is clarified. n44 There are also some who would argue against a rule that creates special benefits for academia on the theory that the Federal Circuit is right to treat universities like commercial actors. Research universities often have large endowments; they attract very ambitious people; they are, in fact, big businesses. Again, I do not agree. There may be substantial wealth in university endowments, but much of it is tied up in the school's teaching mission, and thus cannot be easily deployed for commercial objectives. Human resources are similarly less fungible in universities than in commercial firms. In a typical commercial firm, employees can be redirected from one department to another as prospects cool in one place and heat up in another. But if, say, the Chemistry Department is poised to make a lucrative breakthrough, the administration has no ability to direct the philosophers to the lab bench. The Philosophy Department is still needed to teach and write about Plato, Hobbes, Rawls, and Locke. (...) Of course, my approach also has problems. Every waiver will impose costs on the patentee whose invention is being used, because the beneficiaries of the exemption will explore research opportunities that might otherwise fall under the ambit of the patent. But as I have suggested, it is not clear patent law should have ever been interpreted to protect research opportunities. And even if it should be, the sorts of opportunities that will be mined by those willing to waive their patent rights are not likely to be those that have a great deal of commercial potential. Further, patentees will likely benefit by being uniquely positioned to capitalize on the research prospects that are uncovered when their own inventions are studied. Another question is whether anyone would ever file a waiver. Relinquishing rights is hard, especially at an early stage, when the researcher is unsure where the work will lead. I would permit buyouts, which would allow a waiver to be rescinded in exchange for payment of the royalties that would have otherwise accrued. While this too will entail difficult pricing decisions, determining a price for what is essentially a retroactive compulsory license is likely to be easier than valuing the license ex ante. Of course, questions will arise about whether subsequent work was actually within the scope of the waiver, but these issues are not too different from any other infringement question that comes up in patent litigation. The university setting will also create some difficulties. Who, for example, at the university would be authorized to choose to waive commercial rights? Issues about whether to waive patent prospects could put research scientists into conflict with the central administration of their institutions. In sum, mine is far from a perfect plan. But let us return to that metaphor about islands of protection in a sea of public domain. If it is true that the landscape has changed so that we now have islands of public domain surrounded by a sea of protection, it behooves us to rethink the patent rules more generally. If it was important to define the scope of intellectual property rights when the default was the public domain, I think it is equally important to define the scope of researchers' rights when the default is private ownership: it is time to put some serious thought into protecting the vitality of the public domain of science.

Tags: patent, invention, research, patentee, exemption

As a matter of ensuring support under 35 USC 112 P1 (written description), I file provisional applications with claims. As a philosophical matter, this exercise forces the inventor to think about what really is different in the present invention and write down the invention that the inventor possesses that did not exist before. Recently, I learned that some attorneys, particularly at universities, believe that filing provisionals without claims is preferable. For example, at http://www.yale.edu/ocr/invent_guidelines/provisionals.html, we have text by Howard M. Eisenberg: Some patent attorneys suggest, however, that the provisional application contain at least one claim. One reason for this is because the decision to file a continuation regular application is often made at the last moment, very close to the one year anniversary of the provisional application filing date. There is always the possibility that the applicant may neglect to add claims for the regular application. If the regular application is filed without any claims, it will not be entitled to a filing date. On the other hand, if the provisional application contains at least one claim, even if it is not a very good claim, the regular application will be entitled to its filing date. A set of new claims may always be added at some time in the future before the application is examined. [LBE note: filing a nonprovisional application claiming priority to a provisional application is probably best not viewed as filing a continuation application under 35 USC 120. The above paragraph is simply wrong.] Other patent attorneys believe that it is best to avoid having any claims in the provisional application. The reason for this is that usually any claim that exists in the provisional patent application will be changed when the application is filed as a regular, non-provisional application. There is concern that this changing of the claims when filing the regular application might be construed by a court as an amendment of the claims which, according to the recent ruling in Festo Corp. v. Shoketsu Kinzoku, 187 F.3d 1381, 56 U.S.P.Q.2d 1865 (2000), would severely limit the extent to which the claims could be broadened under the doctrine of equivalents. Because the issue has not yet been litigated in a court, it is not at all certain that changing the claims during the filing of a regular from a provisional application would indeed be considered an amendment that would limit the scope of the doctrine of equivalents. However, until the issue has been cleared up, I concur that provisional applications are best filed without claims. [LBE note: as of 2005, I don't believe anyone has ever asserted Festo estoppel because of a narrowing amendment between a nonprovisional and an earlier provisional. I doubt this will ever happen. "Claims" in a provisional are not claims presented for consideration to the USPTO and are never examined. How can one have narrowing for a reason related to patentability when the patentability of the initial "claim" is never assessed?] Does anyone believe filing a provisional without claims is preferable to one with claims? ****UPDATE. 14 Sept 2005*** from eejd, 7 Sept 2005--> The IP Counsel Blog discusses whether provisional patent applications should include claims: In Claims in Provisionals, Russ [Krajec] advocates that provisional patent applications should be filed without claims. Russ' reasoning is that provisional applications filed with claims can only have a negative effect in view of prosecution history estoppel. . . . I feel that it is prudent to include the broadest claims in the original application. If the validity of the patent is ever attacked, there is a record of the broadest claim in the application with the earliest filing date or priority date. At the risk of establishing a record for prosecution history estoppel, it is necessary to preserve a record for claim interpretation and to satisfy written description requirements. LBE note. Krajec's reasoning is not persuasive. Hard to believe there would be estoppel arising from a provisional. If the use of the word "claims" bothers anyone, have a numbered list preceded by "I disclose." In a case wherein a provisional comes into play, the PTO is looking for written description support for priority. They are not looking for estoppel on claims.

Tags: claim, application, provisional, filing, regular

Not installment better than planate old Vaseline. Arrangementing to... Smack DP, Harrington AC, Dunn C, Howard RS, Szkutnik AJ, Krivda SJ. Infection again allergy incidence within ambulatory surgery patients using white petrolatum vs. bacitracin ointment. A randomized controlled crack. JAMA 1996;276:972-7. ... bacitracin (an antibiotic used inserted triple antibiotic ointment or Polysporin) control succeeding outpatient dermatologic manners has a statistically analogous tab of infection to white petrolatum (AKA Vaseline) usage. Betwixt fact, white petrolatum not unique kept infection relatives outstandingly low, but it further had no allergic reactions, contrastive bacitracin. 1 oz of bacitracin ointment costs generally $3 13 oz of white petrolatum costs near $3 It hits this these ointments serve until an occlusive dressing moreover contain the wound clean as well moist.

Tags: ointment, white, bacitracin, petrolatum, infection