Decided cases Decision

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. 

Identify cases in which a decision cannot be made immediately and decide what information or action is required. 

Once a decision to use QRA has been made, you must decide whether frequency and/or consequence information is required (Steps 6 and 7). In some cases you may simply need frequency information to make your decision. For example, suppose you wish to evaluate the adequacy of operating procedures and safety systems associated with a chemical reactor. The main hazard of concern is that the reactor could experience a violent runaway exothermic reaction. You believe that you know enough about the severe consequences of a runaway and nothing more will be gained by quantifying the consequences of potential run-... 

However, it has to be considered that it is neither the content of free formaldehyde itself nor the molar ratio which eventually should be taken as the decisive and the only criterion for the classification of a resin concerning the subsequent formaldehyde emission from the finished board. In reality, the composition of the glue mix as well as the various process parameters during the board production also determine both performance and formaldehyde emission. Depending on the type of board and the manufacturing process, it is sometimes recommended to use a UF-resin with a low molar ratio F/U (e.g. F/U = 1.03), hence low content of free formaldehyde, while sometimes the use of a resin with a higher molar ratio (e.g. F/U = 1.10) and the addition of a formaldehyde catcher/depressant will give better results [17]. Which of these two, or other possible approaches, is the better one in practice can only be decided in each case by trial and error. 

By targeting the final customer using data provided by intermediate customers, you will be able to secure data from the users but it may not be very reliable. A nil return will not indicate complete satisfaction so you will need to decide whether the feedback is significant enough to warrant attention. Using statistics to make decisions in this case may not be a viable approach since you will not possess all the facts ... 

Why did they ask for more than was necessary in this case Perhaps someone was reprimanded because he asked for less protective clothing than his supervisor considered necessary. That person and his colleagues then decided to cover themselves by asking for everything every time. If we give people the discretion to decide what is necessary, then inevitably they will at times come to a different decision than we would. We may discuss this with them but should not reprimand them. 

Prior to writing bids, the client should decide when he wishes the work to be carried out. Factors affecting his decision will be availability of funds either from loans or grants, or in the case of local authorities or central government departments, it may be that a capital or revenue allocation needs to be spent within a particular financial... 

When the multiplicity of a complex is the same for ionic or ion-dipole bonds and for covalent bonds, the decision as to which extreme bond type is the more closely approached in any actual case must be made with the aid of less straightforward arguments. Sometimes theoretical energy diagrams can be constructed with sufficient accuracy to decide the question. A discussion of crystals based on the Born-Haber thermochemical cycle has been given by Rabinowitsch and Thilo3), and more accurate but less extensive studies have been made by Sherman and Mayer4). 

Even as the computational prediction error rate is reduced to acceptable levels, many cases will be encountered in which the predictions are indistinguishable to within error. In a scenario in which several different in silico designs are given equivalent but favorable activity predictions, the end user s medicinal experience may help decide which to promote to synthesis. The quality of that decision at this point will be strongly influenced by how easy it is to understand the different contributions to the computational predictions. Interpretability is thus critical for synergistically utilizing the experience of the end user. 

A distinction should be made between the different levels of political influence operating at different levels of policy. At the macro level, the body politic is regarded as representative of the public or the electorate. Hence, politics is a means by which society decides which regulatory direction is ethically acceptable, socially preferable, economically beneficial and scientifically reliable. From the perspective of representative democracy, therefore, it is desirable for politics to determine the overall legal frameworks within which dmgs are regulated. But at the micro level, where decisions are made which apply those legal frameworks to specific cases, it is not desirable for politics to exert influence on individual cases. 

Conformation analysis methods. In many cases in the process of building a 3D structure from scratch, decisions have to be made between multiple alternatives with similar energy. A typical example is an sp -sp torsion angle with similar energies for the alternatives of -i-60°, -60° and 180°. In many cases, rules are used to decide (e.g. stretch an open chain portion as much as possible to avoid clashes). Sometimes, the best result cannot be determined without a conformation analysis (e.g. complex ring systems with exocycHc substituents). Despite conformation analysis being a topic of its own covered in the next chapter, many automatic 3D structure generators have to fall back in certain situations to a limited conformation search in order so solve a specific problem and to come up with a reasonable solution. 

Batchwise operating three-phase reactors are frequently used in the production of fine and specialty chemicals, such as ingredients in drags, perfumes and alimentary products. Large-scale chemical industry, on the other hand, is often used with continuous reactors. As we developed a parallel screening system for catalytic three-phase processes, the first decision concerned the operation mode batchwise or continuous. We decided for a continuous reactor system. Batchwise operated parallel sluny reactors are conunercially available, but it is in many cases difficult to reveal catalyst deactivation from batch experiments. In addition, investigation of the effect of catalyst particle size on the overall activity and product distribution is easier in a continuous device. 

Deciding which risk-reduction method to use maybe difficult. In many instances, appropriate decisions can be made without resorting to quantitative techniques. However, in some cases, particularly when the options are costly, quantitative risk analysis (QRA) and risk-based decision-making approaches may be an effective basis for measuring the improvement in safety arising from the proposed options. These approaches can also be used in prioritizing safety improvements and balancing cost and production issues. 

In the first case, it could be imagined that a protoenzyme on the primeval Earth, which catalysed the polycondensation of amino acids to (proto)proteins, decided for unknown reasons to favour the L-form. This decision would have needed to be passed on to subsequent sequences. The question comes up chance or necessity Could the protoenzyme have selected the D-amino acid with an equal probability Work to find an answer is still in progress. There are many publications on the deterministic hypothesis, both theoretical and experimental. 

Once the price has been fixed, the next decision is whether or not the drag should be financed. This decision falls either to the patient, if it is he or she who pays, or a third party, which could mean the government, an insurance company, an institution such as an HMO, or some other. In the first case, the patient does the economic evaluation when he or she decides whether to buy... 

For a sequential test, the number of experiments is not predefined. Rather, experiments are performed sequentially (surprise ), and the series terminated as soon as enough data is available that a decision can be made as to whether the difference is large enough . True, it is theoretically possible for such a sequence of experiments to be indefinitely long in practice, however, it is far more common for the situation to become decidable after fewer experiments than are required for the case of a fixed number of experiments. 

In the practical matter of performing the summations indicated for the various formulas that must be evaluated, the question arises as to how many terms need to be included this question is analogous to the need to decide the limits of integration that was implicit in evaluating the analogous expressions for the Normal Distribution. In the case of the Poisson distribution this is one decision that is actually easier to make. The reason is... 

Discrete vs. continuous space is related to the possible values of the decision variables deciding production quantities for instance is reflected by a continuous decision variable while deciding to make a change-over or not is a binary decision requiring a discrete decision reflected by integer variables in this case 0 or 1. 

In the cases where EPA has formally required such testing, the manufacturers have withdrawn their applications and suspended plans to produce the chemicals. While the decision not to produce a potentially toxic substance may serve the goal of TSCA to identify and prevent hazards before people are exposed, how can one quantitate the health impact of the manufacturers decisions I pose this question rhetorically, since EPA s requests for additional testing stemmed from a data base inadequate to assess risk. In other words, since there was not enough information in the first place to know whether there might even be a substantial health risk, it would be impossible to estimate the health impact of deciding not to produce such chemicals. 

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