Claims contestation

The strategy of contesting claims is possible wherever doubts can be raised about the diagnosis, as is very often the case with occupational disease. Claims contestation is particularly likely where employers and their insurers either foresee or are actually experiencing an epidemic of claims. In these circumstances they may devote massive resources to the contest. In the taxation department case mentioned above the worker was claiming twenty thousand dollars for pain and suffering, but the Commonwealth spent an estimated half million dollars to defeat her claim. Clearly a lot was at stake. 

An interference is a contested action in the U.S. PTO to determine inventorship between two or more patent appHcants or between at least one patentee and one or more patent appHcants. The principal contest in an interference concerns the right to claim the invention. The interference action results from U.S. law, which awards patents to the first inventor, generally irrespective of patent appHcation filing date. In the simplest situation, an interference occurs when a pending appHcation discloses and claims the same invention which is claimed in at least one other copending appHcation or issued patent. 

Both the Sixth Amendment and several national premarket laws and regulations authorize individual Member States to (1) contest companies claims that certain data (in the Annex VII base set) are not necessary or are not technologically possible (2) to require the development of additional information and data and (3) to impose production or use restrictions pending the development of such additional data. Further, EEC countries may act without having to follow many of the procedures that TSCA imposes upon EPA, and the findings necessary to take these actions appear to be less stringent than TSCA requires of the Agency. 

We may contest such claims, especially if vacuum is a fluctuating wave medium. In that case, ordinary plane waves that are solutions of wave equations do not vanish at inhnity and therefore can be associated with the so-called zero-point energy. We can also assume that helicoidal helds are associated with zero-point energy. This question is not trivial since many authors consider that the inertia of bodies might be a consequence of the existence of the zero-point... 

There are many—often conflicting—claims of the best chemometric method chosen for a given application. Those who make such claims sometimes characterize the competing methods in not very flattering terms. How would you settle the beauty contest among various multivariate analysis evaluation methods ... 

A count is a constructive claim used during the interference to define the contested subject matter between the two parties. A phantom count refers to a constructive claim that does not necessarily correspond to a single claim from either subject application but is assembled to capture the subject matter from two substantially similar claims from the two applications. For purposes of the present discussion, we can think of the count as an ordinary patent claim. 

The refinery manager reportedly strongly disagreed with OSHA s characterizations of the alleged violations as willful and planned to contest that and a number of other claims. [23] Typically, there are informal conferences and other opportunities to appeal between OSHA and the cited company before the final penalty is established. According to the OSHA database, the initial penalty was 118,500 and was settled for as 96,426. [24] I recognize the newspaper reports of the penalty and the OSHA database published penalties are very different. A very short insight on OSHA citations will follow. 

A careful and objective analysis of recent decisions both in the review tribunals of the Patent Office and in the courts, and particularly in the Court of Customs and Patent Appeals, indicates that there is an ever-increasing awareness of the complex problems uniquely peculiar to the chemical and related arts. The judiciary before whom the majority of contested cases are brought on appeal have unusual sophistication and expertise in the highly complex technical areas embracing the broad spectrum of chemistry and the chemical sciences. There is encouraging evidence of growing recognition that the interim results of research may properly lay claim to patent protection. A realistic treatment of the utility question in chemical cases appears to be more the rule. 

In its decision of revision, the District Court of Monchengladbach does not dispute that the sketch which the Wuppertal Court used to determine the location and nature of the alleged crimes is incorrect. It also has nothing with which to contest the correctness of the sketch drawn from the aerial photographs. Nevertheless, the Court states that the US air photo of August 25, 1944, by itself cannot reflect the conditions in the camp at the time of the crime, in June/July 1944 [...] . This claim is utterly incomprehensible, since the District Court of Monchengladbach, according to its own account, has also seen the US air photos of April 4, 1944,... 

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