Written Opinion

These amendments to the appHcation can be made in English. The Examiner reviews the appHcant s submissions and issues a final written opinion on the patentabiHty of the appHcation. At this time, the appHcant must pursue national filings within those national and regional patent offices in which the appHcant intends to obtain protection. Copies of the PCT patent appHcation and written opinion are then distributed to the National Patent Office by the World International Patent Office (WIPO). 

Contractor records at Site H indicated that medical tests and procedures included annual examinations that addressed site-specific hazards and were provided with the frequency required by the standard. Records at Site K showed that employees of both contractors had received recent comprehensive medical examinations, and copies of the physician s written opinion were maintained for each employee. These... 

Do the SAHP and site records indicate that the employer obtains and furnishes to the employee a copy of a written opinion from the attending physician that contains the following [OSHA Reference, 120(b)(4)(ii)(D)]... 

The written opinion shall not reveal specific findings or diagnoses unrelated to occupational exposures [OSHA Reference. 120(f)(7)(ii)]... 

Physician s written opinions, recommended limitations, and results of examinations and tests [OSHA Reference. 120(ii)(B)]... 

Deviations in the conduct of the study from the protocol must be properly documented. There must be a formal protocol amendment signed and dated by the study director Eor any prospective change in the conduct of the study. This includes changing such things as the location of the trial, the application rate, or the formulation of the test chemical. Unavoidable changes such as those caused by adverse weather, seasonal variations, or wildlife damage must be clearly documented in the raw data and a written opinion by the study director about the impact of each change on the study must be put in the study file. 

The applicants then appealed to the CCPA where they had better luck. The CCPA began its written opinion by reminding the USPTO Appeal Board that it was impermissible to negate inventiveness based on the method used by the applicants for discovering their invention.135 Second, they noted that the obviousness determination must be based on a comparison of the claimed matter and the prior art. As such, the prior art at the time of the invention was the natural strawberry and its attendant taste. From this, there was no basis for selecting the claimed compound and using it... 

International Phase The PCT filing results in an International Search and the issuance of an International Search Report, a Written Opinion (which comments on the three aspects of patentability (novelty, obviousness and utility) as they apply to the claims, and possibly comments on other matters as well), and an International Preliminary Examination Report (IPER). WIPO will also publish the patent application 18 months after the priority date. The designation WO... in the upper right hand of what many call a patent actually indicates that the document is only a published PCT patent application, not a patent. The PCT patent application is itself never prosecuted to allowance. The filing allows an applicant to defer further action (and... 

Mechanically, the National Phase means filing a patent application in each country initially designated, and still of interest, and advising each national patent office that the application is based on a PCT filing. Prosecution of each application is then handled by each country independently of what any other country may be doing with a corresponding application. Since each national patent office must act in conformity with the patent laws of that country, the Written Opinion cannot control, and there can be a broad range of reactions from the national patent offices to the Written... 

Opinion during the prosecution stage. Some offices appear to totally abdicate responsibility and incorporate the Written Opinion into their own decisions, whereas others appear to disregard it. In any case, the applicant is in a much more desirable position if the Written Opinion is favorable and well reasoned. 

URL http //msnbcmedia.msn.eom/i/msnbc/sections/news/051220 kitz-miller 342.pdf. Accessed March 18, 2006. This is the full written opinion of U.S. District Court Judge John E. Jones, HI, on the intelligent design suit involving the School Board of Dover, Pennsylvania, argued during 2005-06. 

The examining physician must provide a written opinion to the employer in a timely manner which shall include or conform to the following requirements ... 

The employer must commit to estabhshing and maintaining for each employee an accurate record of any measurements taken to monitor employee exposure and any medical consultations and examinations, including tests or written opinions required by the standard. Further, the employer shall assure that such records wUl be kept, transferred, and made available in accordance with 29 CFR 1910.20. 

The employer shall obtain and provide a copy of the health care professional s written opinion within 15 days after completion of the evaluation. 

The written opinion for HBV vaccination shall be limited to whether vaccination is indicated and if the employee has received the vaccination. 

The health care professional s written opinion concerning post-exposure evaluations... 

The results of the tests must be made available to the employer, employee, and others (such as the employee s physician) upon the employee s written authorization. The physician must provide a written opinion including the results of the examination, whether the examination revealed any conditions that the employee s occupational exposure would aggravate, and whether there should be any restrictions placed on the employee or modification to the employee s duties to reduce exposure. The physician must also state that he has discussed the results of the examinations with the employee and any follow-up actions that should ensue. If there are any extraneous medical factors not pertinent to the work-related activities of the employee discovered in the course of the examination, the employee has the right to expect complete confidentiahty of this information. The medical records must be maintained, according to the provisions of 29 CER 1910.20, by the employer for the duration of the employee s employment plus 30 years. Much of the supporting data records, such as exposure information, must be kept for a similar period. 

As with other OSHA required examinations, the physician is required to provide a written opinion to the employer who shall provide a copy to the employee. The opinion shall include... 

The jury rendered a verdict for the plaintiffs, and awarded damages. After trial, the District Court granted equitable relief, explaining in a written opinion why it found no merit in Western s BFOQ defense to the mandatory retirement rule. 514 F.Supp., at 389-391. 9... 

OSHA requires employers to retain written information regarding medical evaluations, fit testing, and the respirator plan effectiveness. Maintaining this information promotes greater employee involvement and provides compliance documentation. Employers must retain a record for each employee subject to medical evaluation. This record includes results of the medical questionnaire and, if applicable, a copy of the healthcare professional s written opinion. Maintain records related to recommendations including the results of relevant examinations and tests. Retain the records... 

The healthcare professional must provide the employer with a written opinion stating whether the hepatitis B vaccination is indicated for the employee and whether the employee... 

The OSHA Laboratory Standard does not mandate medical surveillance for all laboratory workers. The employer must provide workers an opportunity for medical attention. This includes follow-up examinations and treatment recommended by an examining physician when an employee exhibits signs or symptoms associated with exposure to a hazardous chemical or the worker is routinely exposed above the action level or PEL for a regulated substance. Offer medical consultation to any employee potentially exposed through a spill, leak, or explosion of a hazardous chemical or substance. Employers must provide information about the hazardous chemical, conditions under which the exposure occurred, and a description of symptoms experienced by the woiker. Employers must obtain from a treating physician any written opinion requiring follow-up examinations or medical tests. 

Who Employees who may be exposed to airborne 4,4 -Methylenedianiline (MDA) at or above its action level or where dermal exposure to MDA can occur. (Note the standard does not apply to finished articles that contain MDA or to materials in any form that contain less than 0.1% MDA by weight or volume.) Also, this standard incorporates by reference 1910.38, 1910.1200, and 1910.134, which have additional training requirements. Also, any person who cleans or launders contaminated protective clothing is to be informed of the hazards of exposure to MDA. In addition, the employer must provide specified information to the physician who is conducting medical surveillance, and the employee is to receive a copy of the physician s written opinion within fifteen days after the employer receives it. 

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