Utility contemplated

In the United States priority of invention rather than early filing of an application for a patent entitles one to a patent. When several inventors claim coincident matter before the Patent Office, an administrative proceeding called an interference is used to determine priority. The inventor last to file his application must present corroborated proof of prior invention to overcome the priority presumption favoring the party who filed first. To build a strong priority position, one must first complete the invention as soon as possible and determine to the satisfaction of those skilled in the pertinent field, usually by testing, that it possesses the utility contemplated by the inventor. Second, the inventor should keep adequate records and develop corroborators who can testify to his activity. 

An inventor must be reasonably certain that any testing results can be correlated back to the utility he had in mind at the time of testing. To find the utility contemplated by the inventor, the Patent Office and the courts look to any utility given by the count (the patent claim common to the interfering parties) (a) If a use is given in the claim, only proofs relating to that use will be examined (b) if the count doesn t specify a use, the patent specification is examined to find what use was contemplated (c) what is found in the specification is tempered by behavior and records of the inventor and those around him. 

In determining the utility contemplated at the time the invention was made, an inventor cannot be forced to prove a utility not given in his application. The old ultimate use doctrine which forced extension of utility past that stated in the specification has been buried by recent decisions. An inventor s ostensible objective governs. For example, tests in animals are adequate if a pharmacological utility is asserted, and the inventor cannot be forced to extend testing to humans on the basis that such is the ultimate use of any therapeutic (1). 

AS of this writing, 100% inspection by NAA of small arms primers in an actual production loading plant has not been implemented, nor is it contemplated in the near future. Technical problems exist related to coupling the present state-of-the-art nuclear components with the high production rates for the primers, namely, tens of units per sec per automatic loading line. The high intensity of the neutron source and the complexity of the detection system required detracts from the utility of the method in a plant environment where simplicity and safety of operation are of paramount importance. Nevertheless, the technical feasibility of the method has been demonstrated by the AMMRC study and future developments in nuclear activation hardware may ultimately make this non-destructive inspection for production primers more viable... 

The Fischer-Tropsch process has attracted renewed interest as a way to produce high quality, sulfur-free diesel fuel from natural gas and, possibly, an opportunity to utilize natural gas at remote oilfields. The process represents proven technology and is regarded as an alternative for when oil may no longer be widely available, and one has to resort to natural gas and coal. In a really futuristic scenario one may even contemplate the use of GO and H2 produced by photo-catalytic dissociation of GO2 and water. 

Consider people in period t who are contemplating the consequences of their current behavior on their future intertemporal utility. Suppose they perceive that they will follow strategy Q beginning in period t +1, in which case they believe that if they hit this period then their intertemporal utility beginning next period will be li, t(l, ap), and they believe that if they refrain this period then their intertemporal utility beginning... 

For the fifth plant, a freezing process will be utilized. This plant will be located at a yet to be selected site on the East Coast. It will be designed to produce fresh water in the range of 150,000 to 350,000 gallons per day. The site will be selected this fall, but construction is not contemplated before the fiscal year 1962. 

In April of 1955, a facility utilizing the Recuplex solvent extraction process(2j was installed in the 234-5Z Building at Hanford. This facility provided the capability of recovering plutonium from unirradiated plutonium scrap from Hanford plutonium processing operations. By 1960, the Recuplex facility was inadequate with respect to contemplated production loads, shielding requirements, and criticality prevention safety. A project was authorized in March 1961 to provide a new facility for the adequate reclamation of plutonium from both wet and dry plutonium scrap generated from both on and offsite operations. This facility, the 236-Z Building, was completed in June 1964 and is referred to as the PRF. Details on the new plant were first published in 1967.(2)... 

For many years the Patent Office has followed the practice of requiring a particularly high degree of proof of utility in cases involving therapeutic products (28,41). The type and amount of test data required to establish the utility of new drugs will depend upon the particular circumstances of each case (13, 21). But the Patent Office has required proof of successful tests on humans whenever it may be inferred from the specification that therapeutic use in humans is contemplated. Tests on experimental animals have been considered insufficient. 

Whether a particular in vivo animal test is sufficient to establish usefulness of an invention in humans depends on determination of what is a standard test animal. In the Hartop case (8), the inventors, to demonstrate safety of a thiobarbiturate anesthetic composition, submitted rabbit test results coupled with evidence that rabbits were standard tests animals for this area. The court held the specification indicated that although human therapy was contemplated the rabbit tests were sufficient to prove usefulness of the composition for the inventors purpose. Tests under actual conditions of contemplated use—that is, in humans—were not required because one skilled in the art would accept the tests as indicating it to be reasonably certain that the invention would have the utility alleged. 

Hansa Yellows. Hansa yellows are quite opaque when compared to the other organic family yellows. Hansa yellows as a family are known as potentially significant bleeders. This limits their use in most thermoplastics. Hansa yellows do have utility in some thermoset plastics. Care should be exercised when contemplating the use of Hansa yellow s in polymers. Hansa yellow s popularity and great usage is in coating applications. 

As we have seen, the single biggest practical problem that the CWC challenge inspection system has faced is the fact that the system has never been utilized and that there is no shared view about how to deal with the situation. To construct a remedial mechanism to overcome the difficulty on the basis of these facts might run the risk of a self-fulfilling prophecy , whereby the non-use of the system could firmly establish itself. Nevertheless, a new solution should be contemplated based on the above facts in order to get over the current impasse. 

For brown field applications, therefore, the extent to which the DCS hardware is to be replaced needs careful consideration, particularly at the I/O level. With many modem systems, it is possible to interface different types of FO subsystem to the controllers. The major manufacturers tend to support field instrumentation and I/O subsystems for extended periods of time, and therefore it will be worthwhile investigating how these can continue to be utilized within the new system. When contemplating the reuse of existing I/O and field devices consider the following ... 

Reubinoff et al. [56], and Lanzendorf et al. [75] each produced human ES cell lines at high efficiency. Briefly, five ES cell lines were derived from a total of 14 ICMs, two ES cell lines from four ICMs, and three ES cell lines from 18 ICMS, respectively. In the present study, one SCNT-hES cell line was derived from 20 ICMs. It remains to be determined if this low efficiency is due to faulty reprogramming of the somatic cells, or to subtle variations in the experimental procedures utilized. The possibility cannot be ruled out that the genetic background of the cell donor had an impact on the overall efficiency of the procedure. Further improvements in IVC systems for ES cells are needed before contemplating the use of this technique for cell therapy. In addition, those mechanisms governing the differentiation of human tissues must be elucidated in order to produce tissue-specific cell populations from undifferentiated ES cells. 

Like the AE, the AD has obvious utility to those contemplating the synthesis or use of carbohydrates as synthons. For one, glyceraldehyde and its acetonides have found very wide acceptance as chirons for asymmetric synthesis [85]. A clever utilization of the AD affords a building block that nicely complements the use of the naturally occurring material (Scheme 8.18) [86]. 

With the exception of one of the studies cited above, very little research has been performed to quantify postharvest residues for thinned stands. None provide this quantification for thinned southern pine plantations. Managers of southern pine timber stands who contemplate the total utilization of the biomass available on their forests have no information on potential postharvest residues available following thinning treatments. 

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