Claims definiteness

U.S. Food and Drug Administration. Food Labeling, Nutrient Content Claims, Definition for High Potency and Definition for Antioxidant for Use in Nutrient Content Claims for Dietary Supplements and Conventional Foods, cfsan.fda.gov/ dms/hpotguid.html. 

While earlier evidence for the intermediate formed in the reaction of hydroxylamine and nitrous acid has been interpreted in terms of either a symmetrical or nonsymmetrical structure, recent labeling studies are claimed definitively to point to a symmetrical intermediate with earlier evidence suggesting otherwise arising from experimental artifacts. Reaction of Na N02 with excess NH2OH HCI solutions of varying acidity gave no... 

Nutritional Labeling Descriptors. In order to avoid confusion, descriptive terms must be accompanied by definitions which adequately explain the terms. In the case of nutrition-related claims, analytical sampling offers a means of assuring the accuracy of the stated claims. The USDA s FSIS has proposed a Hst of descriptors relevant for meat and poultry products (Table 3). 

A patent is intended to further the development of science and technology by providing a pubHshed record of technological developments for all to read, consider, and discuss. At the same time, a patent provides a delineation or definition of the rights which the patent owner considers its own through the claims appended to the patent. The pubHcation of a description of the invention in conjunction with the claimed limits of the invention provides the pubHc with notice of the patent owner s affirmative rights to the invention. 

The final section of an issued patent is the claims, S. A United States patent is requited bylaw to have at least one claim. The claims lepiesent the legal definition and boundaries of the rights resulting from the patent grant. Patent claims are analogous to the legal description which one might find on a tide to real estate. 

An additional statutory requirement is that of disclosure. A patent must provide the pubHc with a disclosure which is enabling, definite, and shows the best mode for practicing the claimed invention. 

Definiteness. Adequate description or definiteness requites that the patent claims provide an outline of those elements which are integral to the appHcation s invention. In turn, the specification acts as a dictionary wherein the reader can interpret and understand the elements in the patent claims. Complementary to the requirement of definiteness is the requirement that the appHcation must disclose the entire invention. The appHcant cannot make a claim of right to the invention where essential elements of the invention are not disclosed in the patent. 

The definiteness requirement serves notice to potential infringers as to the exact boundaries of the patentee owner s rights. Thus, a patent provides a record of what the inventor has brought to the technological field, and also provides other parties with notice as to what conduct is permissible in view of the patent claims. 

This definition estabUshes the legal difference between a dmg and a cosmetic. It is clearly the purpose of, or the claims for, the product, not necessarily its performance, that legally classifies it as a dmg or a cosmetic in the United States. For example, a skin-care product intended to beautify by removing wrinkles may be viewed as a cosmetic because it alters the appearance and a dmg because it affects a body stmcture. 

Success trees, by definition, are success oriented. Some analysts claim that a success tree is a state of mind and that a true success tree cannot be adapted from a fault tree by de Morgan s theorem but must be built from "scratch" to involve the psychology of success rather than of failure. 

Read and Smith loc. cit.) have prepared benzylidene-piperitone, of the formula CioHi O CH. CgHg, by the interaction of piperitone and benzaldehyde in the presence of alcoholic sodium ethoxide. This body melts at 61°, and the discoverers claim that it is sufficiently characteristic to definitely differentiate piperitone from any of the hitherto described menthenones. 

The definition of the patented process offers the opportunity to an innovative chemist to develop a process which bypasses the original patent claims and offers a new legally clear route to an economically attractive product. 

This discrepancy in definition of the melting point has not often been high-lighted, yet it is of considerable importance bearing in mind the accuracy claimed for the deduction of ae. 

To answer the first question you need to examine the intended use statement for the product and see if it claims a medical purpose corresponding to any of those contained in the definitions. 

Early 2005, Leadbeater s team reported that the previously claimed tran-sition-metal-free Suzuki-type protocol was definitely palladium-catalyzed [ 53 ]. Palladium contaminants down to the level of 50 ppb found in commercially available sodium carbonate were responsible for the generation of the biaryl. For good product yields in a short reaction time under microwave irradiation, a loading of 1 ppm Pd was required. 

Keeping in mind the controversial discussion on new physics in micro reactors [198], we certainly have to be at least as careful when introducing or claiming essentially novel chemical processes. A thorough scientific consideration is required for an exact definition and differentiation here that is beyond the scope of this book. So far, no deep-rooted scientific work has been published analyzing the origin of the novelty of chemistry under micro-channel processing conditions. 

Table III. It is obvious from the data in Table III that the housefly and the mosquito, in both the adult and larval stage, are susceptible to insecticides of the DDT type. However, the extravagant claims that DFDT is far superior to DDT as a contact insecticide against flies are not borne out by the results of controlled laboratory tests. The Peet-Grady testing technique used by Prill (92) would indicate that in the presence of added pyrethrins DDT is definitely superior to DFDT when applied as a spray. On the other hand, DFDT gave higher percentage kills than DDT when flies were placed under a Petri dish and held in contact with deposits of the compounds on glass surfaces. A comparison of the activity of these compounds against adult mosquitoes has not been reported.

Most of the equivalent patents are incorporated in the discussion, to give a sense of the international coverage to the reader. A summary of the main claim is included as a definition of the property subject matter. As could be seen the property subject matter of a World Intellectual Property Organization (WIPO) patent generally, is identical to one of the corresponding US patent (from the US Patent and Trademark Office, USPTO). However, in some instances a WIPO patent has more than one US equivalent patent. The equivalence between WIPO and US patents will be discussed for each particular case wherever relevant. 

The invented biocatalysts based on R. rhodochrous strain ATCC No. 53968 and on B. sphaericus strain ATCC No. 53969, were protected not only as whole cell biocatalysts, but also their derivatives. Biocatalyst definition includes in addition to whole cells cell membranes, cell extracts and enzymes from those microorganisms. It should be noted that the first six patents are actually sets of similar patents with the first one providing coverage in Europe and the second one in US. This strategy involves coverage in US as well as Europe (the total number of patents is higher than the number of inventions) however, the allowed claims in US were always smaller than that allowed in Europe. IGT s last patent (May 1996) was filed in July 1994, when they already had begun... 

As for the customer s observation that the datasheet claims the ripple will be +20mV, you should be aware that almost all companies deliberately choose the best conditions to present their curves. Remember, these curves are only typical, and your definition of what that word means can differ dramatically from theirs. From their point of view, it is a dog-eat-dog world out there, and if they don t do this, the customer will likely penalize them and pick the competitor s parts without further thought. They also figure that very few... 

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