Decided cases

ECHA points out that some materials currently considered as waste might in future be considered to have ceased to be waste [15]. These materials will then be out of the scope of waste legislation, and - if not covered by an exemption - will potentially fall under REACH. Clarification of end-of-waste criteria is a matter for waste legislation. In accordance with the general principle of subsidiarity of the European Union law, and following the revised Waste Framework Directive, Member States may decide case by case whether certain waste has ceased to be waste, where end-of-waste criteria have not been set at Community level. Member States have already worked for use of this regulation, like, e.g., the Waste Quality Protocol in England, Wales, and Northern Ireland [16]. 

Adequate arrangements should be in place to ensure that any information as to changes to the Code etc, including reports of decided cases, provided by the Authority are circulated to relevant personnel. 

It is not surprising that a reasonable place to begin the search for a claim s meaning is the context of the claim itself. Although claims will not often define the terms they include, those term definitions maybe clarified or at least somewhat delineated when put into the context of the rest of the claim language or more broadly, in the language of one or more of the additional claims in the patent. In one recently decided case heard on appeal in Mars, Inc. v. H.J. Heinz Co.,2 claim 1 from U.S. patent 6,312,746 shown below was in dispute. 

Patent law is wholly a creature of statutes. Disputed cases in this field can be decided only in concord with what a statute says. It is only rarely a statute is sufficiently definite or applicable to determine by its precise terms a right result in any particular case. The judicial process of interpreting statutes is a matter of comparing the facts in a case in dispute with the facts in previously decided cases and then making a decision as to which of the usual two lines of precedents appears applicable. 

Section 103 does not mention such subject matter as homologs, etc. In fact, it contains no clause specific to chemical things. Yet the issue presented by cases in the area here considered must be decided by recourse to its language. The only way open to patent attorneys and patent-minded chemists of getting at an answer on the patentability as to any closely art-related compound is by comparison of the facts in a disputed case with those in the decided cases in this particular area. We have homologous cases in the law as well as in chemistry. 

There appears to be general agreement in the decided cases that a claim for a known substance which differs from the prior art only in degree, as for example in purity, is not patentable. This principle is illustrated by In re Mertz, 25 CCPA 1314 1938 CD. 728 497 O.G. 547 97 F.2d 599 38 USPQ 143 cited by the Examiner and In re Crosley et al.y 34 CCPA 882 1947 C.D. 216 600 O.G. 172 159 F.2d 735 72 USPQ 499 In re Michalek, 34 CCPA 976 1947 CD. 310 602 O.G. 669 161 F.2d 253 73 USPQ 385. An exception to this rule has been made where the purified product possesses a utility not shared by the prior art product as exemplified in the well-known aspirin and adrenalin cases. ... 

A manufacturer faces a frustrating task in faying to precisely define his responsibilities. Over time, the thrust of decided cases has been to consistently increase the scope and nature of the dangers he must identify, the uses of his product which he must foresee and the warnings he must sound. 

The USSC and its publications are a valuable source for developing some basic understanding of the OSG. There are very few judicial opinions relating to the OSG. More than 90 percent of organizational cases settle because companies generally prefer to obtain certainty and closure rather than to risk the expense and uncertainty of continued Utigation. " As one commentator noted, Company counsel will search in vain for decided cases on this subject thus far there are no reported cases interpreting what is meant... 

A core in these conditions must be cooled and the means available in a water reactor is, indeed, cold water. It is up to the judgement of the operator to decide, case by case, the way by which the cooling operation has to be performed. For example, proceeding by low duration injections and observing the result before continuing, or conveniently graduating the liquid injection flow rate. 

Decided cases - those cases in which, as part of a judgement, a word or phrase that is part of a law is defined, i.e. the meaning is decided. Once a meaning is decided, it applies to all laws. A good example is the phrase so far as is reasonably practicable which was defined in a mining case in 1949. [Edwards v. National Coal Board (1949) 1 AUER 743)... 

Eventually, it should be paid attention to documentation in paper and electronic form, according to 21 CFR Part 11. Often a combination of paper and electronic records (hybrid solution) is used in companies and it has to be decided case by case which type of document is stored in which system. For important electronic systems, it has to be determined, for example, which data format is used, how the data retrieval over the retention period can be ensured (data format, data rehabil-ity, data integrity), and how the document has been authenticated. 

The panel shall decide cases in accordance with the Permanent Court of Arbitration Optional Rules for Arbitration involving International Organisations and States or the Permanent Court of Arbitration Optional Rules for Arbitrating Disputes between two States, as appropriate. Articles 15, 24, 25, 28, 29, 30, 32 and 34 of the Permanent Court of Arbitration Optional Rules for Arbitration involving International Organisations and Articles 15, 24, 25, 28, 29, 30, 32 and 34 of the Permanent Court of Arbitration Optional Rules for Arbitrating Disputes between two States shall be applied mutatis mutandis. 

Once a toxic or asphyxiant gas cloud has been postulated, calculations should be made of gas concentration as the cloud drifts or flows across the plant site. Extension of the cloud as well as interaction time should be decided case by case, depending on the source and meteorological conditions. If the concentration outside is known, the time dependent concentration of the gases inside the plant can be calculated, with account taken of air exchange rates. 

The Mine Act created an independent agency that hears and decides cases arising under the act. The commission is a panel of five commissioners appointed by the president and confirmed by the Senate. The normal term for each commissioner is six years. Terms are staggered so they do not expire at the same time. New appointments or reappointments occur every two years. ... 

The database covers the United Kingdom Health and Safety Commission and the Safety Executives publications, and also books, reports, translations, standard specifications, guidance, conference proceedings, decided cases, legislation in the UK and elsewhere relevant to health and safety at work. In addition, approximately 250 national and international periodicals are abstracted. Half of the references are from periodical publications. 

The terms solely and reasonably related are focused on by courts deciding cases involving the interpretation of 271(e)(1). The cases show a definite trend toward relying on the reasonably related phrase and not the solely wording, meaning that courts are... 

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