Prosecutions

Perhaps the simplest examination done is the physical match. A small fragment of wood, plastic, or other material is recovered and fitted into a large piece found on the suspect or at the scene of the crime (39). Other examinations result ordy in demonstrating class characteristics (40). Such information may be used in a prosecution as circumstantial evidence in a trial. However, it is important that the forensic scientist neither inflate nor minimize (41,42) its importance. 

A reissue may be ordered to correct any minor or major mistake which occurred during prosecution of a patent, but the mistake must be one that makes the patent partially or whoUy inoperable. Inoperable essentially means that the patent caimot be enforced. For instance, a reissue proceeding can be used to correct inventorship or even broaden claims if the patent is less than two years old. However, such a request to broaden claims in the context of reissue may not be undertaken to recover subject matter canceled during examination. Further, a reissue proceeding may be undertaken to correct formal problems or address newly discovered prior art which affects the scope of the claims. The nature of a reissue proceeding directs that this mechanism should be used only when the vaUdity of the patent is in question owing to the error or problem in question. 

A request for reexamination may be made by the patentee, a third party, or the Commissioner of the Patent and Trademark Office whenever a new question of patentabiUty arises. This new question of patentabiUty has to be raised in the form of a pubHcation such as a journal article or a patent which was not considered during the prior prosecution. Reexarnination is a more expedited and economical means of receiving a judgment on whether or not a patent is vaUd in advance of Htigation. 

European Patents DIALOG, STN European Patent Office EPO full bibliographic data abstract and first cl aim text in English, French, and German full text of published application and granted patent in original language plaimed prosecution and status data... 

The Henningsen decision sought to impose strict HabiUty against manufacturers within the framework of the Uniform Commercial Code. Only a short time elapsed before the courts recognized that the language used by the UCC to address HabiUty provided a clumsy tool for prosecuting personal injury cases, and that strict HabiUty was a purely tort doctrine. 

Another section of TSCA requires the manufacturer to notify EPA if there is any indication of substantial risk from any chemical. Eailure to do so by the manufacturer within a specified time period may result in civil penalties or possibly criminal prosecution. 

Patents afford the owner the right to exclude others from making, using, or selling an invention, and are entirely dependent on statutory registration. They are acquired by disclosing an invention in an appHcation duly filed and prosecuted in accord with the patent laws (see Patents and trade secrets). 

Are there environmental or health and safety liabilities (for example, the facility falsified a permit application) which may reasonably be expected to result m criminal prosecution ... 

The UK Environment Agency deals with over 6000 oil pollution incidents each year. One estimate suggests tliat tlie cheiTtical industry contributes to 50% of all ah pollution witli proportions approximating to sulphur dioxide (36%), carbon dioxide (28%), nitrogen oxides (18%), carbon monoxide (14%) and black smoke (10%). Motor spirit refining is responsible for ca 26% of emissions of volatile organic compounds to the atmosphere. In 1996 there were over 20 000 reports of water pollution incidents with 155 successful prosecutions. 

In responding to this requirement you need to define how you intend to ensure confidentiality. How you do this is not as easy as getting everyone to sign a declaration. The declaration is useful in a prosecution but that will be after confidentiality has been breached Things you can do to minimize a breach in confidentiality are ... 

Violators of the Refuse Act were subject to a fine of not more tlian 2,500 and/or imprisonment for not more than one year. Although not dnifted to curb oil pollution, the Refuse Act has been w idcly used to prosecute those who discharge oil into mivigablc waters. 

The tliird major set of amendments was the Federal Facility Compliance Act of 1992. Tliis aet resoh es the legal question of w hether federal faeilities are subjeet to enforcement actions under RCRA by wai ing the go crnmcnt s so crcign iimnunity from prosecution. As a result, states, USEPA, and the Department of Justice can enforce the pro isions of RCRA against federal facilities, and federal departments and agencies can be subjected to injunctions, administrative orders, and/or pciuiltics for noncomplianec. ... 

If there is a Iiigh level of citizen involvement or there is significant media attention, the resulting penalty for any of the above violations will nonnally become exacerbated. In addition, Wilcox and Tlieodore Iiave provided information on probable criminal prosecution for unetlrical conduct. 

Fortschritt, advance, advancement, progress, fortsetzen, v.t. continue, carry on set aw y, Fortsetzung,/, continuation prosecution, pursuit. 

The term trade secret is well understood by U.S. courts and is a legal term. In general, the U.S. courts have strongly upheld the protection of company- or individual-owned trade secrets. Cases against ex-employees or others who have obtained trade secrets by stealth are relatively easy to prosecute (compared to patent, trademark, or copyright infringement cases). 

To ignore either of the notices above is a criminal offence, and a prosecution is likely to follow such contravention. There is an appeal to an industrial tribunal against an order. 

Prosecute any person who may be contravening a relevant statutory provision instead of (or in addition to) serving a notice. 

A successful program of quality control also involves maintenance of sanitary conditions and production of products free from adulteration, contamination, and filth. Methods given by the Association of Official Agricultural Chemists (1) should be applied to the finished product to ensure against seizure and prosecution by federal and state food and drug authorities. In many instances such methods of analysis are not adaptable to production-line control and less accurate but more rapid methods must be substituted. With such procedures, more severe tolerances must be used to provide a sufficient margin of safety. 

I wish to express my gratitude to the John Simon Guggenheim Memorial Foundation and to the California Institute of Technology for providing the opportunity for the prosecution of this work, and to Professor A. Sommer-feld for the interest he has taken in it. 

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