As noted by the court in Schreiber, "[a] patent applicant is free to recite features of an apparatus either structurally or functionally. A functional limitation must be evaluated and considered, just like any other limitation of the claim, for what it fairly conveys to a person of ordinary skill in the pertinent art in the context in which it is used. A functional limitation is often used in association with an element, ingredient, or step of a process to define a particular capability or purpose that is served by the recited element, ingredient or step. It was held that the limitation used to define a radical on a chemical compound as "incapable of forming a dye with said oxidizing developing agent" although functional, was perfectly acceptable because it set definite boundaries on the patent protection sought. In a claim that was directed to a kit of component parts capable of being assembled, the court held that limitations such as "members adapted to be positioned" and "portions. Notwithstanding the permissible instances, the use of functional language in a claim may fail "to provide a clear-cut indication of the scope of the subject matter embraced by the claim" and thus be indefinite. For example, when claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear. Further, without reciting the particular structure, materials or steps that accomplish the Rev. Unlimited functional claim limitations that extend to all means or methods of resolving a problem may not be adequately supported by the written description or may not be commensurate in scope with the enabling disclosure, both of which are required by 35 U. For instance, a single means claim covering every conceivable means for achieving the stated result was held to be invalid under 35 U. For more information regarding the written description requirement and enablement requirement under 35 U. Examiners should keep in mind that whether or not the functional limitation complies with 35 U. For example, a claim that included the term "fragile gel" was found to be indefinite because the definition of the term in the specification was functional, i. In another example, the claims directed to a tungsten filament for electric incandescent lamps were held invalid for including a limitation that recited "comparatively large grains of such size and contour as to prevent substantial sagging or offsetting during a normal or commercially useful life for such a lamp or other device. The Court observed that the prior art filaments also "consisted of comparatively large crystals" but they were "subject to offsetting" or shifting, and the Court further found that the phrase "of such size and contour as to prevent substantial sagging and offsetting during a normal or commercially useful life for a lamp or other device" did not adequately define the structural characteristics of the grains. Similarly, a claim was held invalid because it recited "sustantially (sic) pure carbon black in the form of commercially uniform, comparatively small, rounded smooth aggregates having a spongy or porous exterior. In the latter example, the Court observed various problems with the limitation: "commercially uniform" meant only the degree of uniformity buyers desired; "comparatively small" did not add anything because no standard for comparison was given; and "spongy" and "porous" are synonyms that the Court found unhelpful in distinguishing the claimed invention from the prior art. In comparison, a claim limitation reciting "transparent to infrared rays" was held to be definite because the specification showed that a substantial amount of infrared radiation was always transmitted even though the degree of transparency varied depending on certain factors. Likewise, the claims in another case were held definite because applicant provided "a general guideline and examples sufficient to enable a person of ordinary skill in the art to determine whether a process uses a silicon 2100-473 Rev. Examiners should consider the following factors when examining claims that contain functional language to determine whether the language is ambiguous: (1) whether there is a clear cut indication of the scope of the subject matter covered by the claim; (2) whether the language sets forth well-defined boundaries of the invention or only states a problem solved or a result obtained; and (3) whether one of ordinary skill in the art would know from the claim terms what structure or steps are encompassed by the claim. These factors are examples of points to be considered when determining whether language is ambiguous and are not intended to be all inclusive or limiting. The primary inquiry is whether the language leaves room for ambiguity or whether the boundaries are clear and precise. During prosecution, applicant may resolve the ambiguities of a functional limitation in a number of ways. For example: (1) "the ambiguity might be resolved by using a quantitative metric. Claims that set forth a list of alternatives from which a selection is to be made are typically referred to as Markush claims, after the appellant in Ex parte Markush, 1925 Dec. If a Markush grouping requires a material selected from an open list of alternatives. If a claim is intended to encompass combinations or mixtures of the alternatives set forth in the Markush grouping, the claim may include qualifying language preceding the recited alternatives (such as "at least one member" selected from the group), or within the list of alternatives (such as "or mixtures thereof"). A Markush grouping may include a large number of alternatives, and as a result a Markush claim may encompass a large number of alternative members or embodiments, but a claim is not necessarily indefinite under 35 U. In certain circumstances, however, a Markush group may be so expansive that persons skilled in the art cannot determine the metes and bounds of the claimed invention.
Walter Mischel and his colleagues over the years have found that the ability to delay gratification at the age of four predicted better academic performance and health later in life (Mischel, et al. As executive function improves, children become less impulsive (Traverso, Viterbori, & Usai, 2015). Gender Another important dimension of the self is the sense of self as male or female. Preschool aged children become increasingly interested in finding out the differences between boys and girls, both physically and in terms of what activities are acceptable for each. While two-year-olds can 140 identify some differences and learn whether they are boys or girls, preschoolers become more interested in what it means to be male or female. Gender is the cultural, social and psychological meanings associated with masculinity and feminity (Spears Brown & Jewell, 2018). The development of gender identity appears to be due to an interaction among biological, social and representational influences (Ruble, Martin, & Berenbaum, 2006). Gender socialization focuses on what young children learn about gender from society, including parents, peers, media, religious institutions, schools, and public policies. Children learn about what is acceptable for females and males early, and in fact, this socialization may even begin the moment a parent learns that a child is on the way. Consider parents of newborns, shown a 7-pound, 20-inch baby, wrapped in blue (a color designating males) describe the child as tough, strong, and angry when crying. Shown the same infant in pink (a color used in the United States for baby girls), these parents are likely to describe the baby as pretty, delicate, and frustrated when crying (Maccoby & Jacklin, 1987). Female infants are held more, talked to more frequently and given direct eye contact, while male infant interactions are often mediated through a toy or activity. Sons are encouraged to think for themselves when they encounter problems and daughters are more likely to be given assistance, even when they are working on an answer. For example, parents talk to sons more in detail about science, and they discuss numbers and counting twice as often than with daughters (Chang, Sandhofer, & Brown, 2011). How are these beliefs about behaviors and expectations based on gender transmitted to children Theories of Gender Development One theory of gender development in children is social learning theory, which argues that behavior is learned through observation, modeling, reinforcement, and punishment (Bandura, 1997). Children are rewarded and reinforced for behaving in concordance with gender roles that have been presented to them since birth and punished for breaking gender roles. In addition, social learning theory states that children learn many of their gender roles by modeling the behavior of adults and older children and, in doing so, develop ideas about what behaviors are 141 appropriate for each gender. Cognitive social learning theory also emphasizes reinforcement, punishment, and imitation, but adds cognitive processes. Once children learn the significance of gender, they regulate their own behavior based on internalized gender norms (Bussey & Bandura, 1999). Another theory is that children develop their own conceptions of the attributes associated with maleness or femaleness, which is referred to as gender schema theory (Bem, 1981). Once children have identified with a particular gender, they seek out information about gender traits, behaviors, and roles. This theory is more constructivist as children are actively acquiring their gender. For example, friends discuss what is acceptable for boys and girls, and popularity may be based on what is considered ideal behavior for their gender. Developmental intergroup theory states that many of our gender stereotypes are so strong because we emphasize gender so much in culture (Bigler & Liben, 2007). Transgender Children Many young children do not conform to the gender roles modeled by the culture and even push back against assigned roles. However, a small percentage of children actively reject the toys, clothing, and anatomy of their assigned sex and state they prefer the toys, clothing and anatomy of the opposite sex. Transgender adults have stated that they identified with the opposite gender as soon as they began talking (Russo, 2016). Current research is now looking at those young children who identify as transgender and have socially transitioned. Socially transitioned transgender children identify with the gender opposite than the one assigned at birth, and they change their appearance and pronouns to reflect their gender identity.
Diseases
Rather, it is an unexamined natural consequence of extending a print model to digital technologies, and it would behoove us to consider rearranging our institutions to the job more reliably, less expensively, and less painfully, and with explicit recognition (which the libraries have, and the publishers often do not) of the broad public and scholarly value derived from digital scholarship. Washington: Thomas Jeerson Memorial Association, could also argue that copyright protection should not apply to scholarly work at all, because scholars do not write for 1905. Thus, elimination of copyright for scholarly work would have no detrimental eect on the volume or quality of published scholarship. The Journal of Legal Analysis, Forthcoming; Harvard Law and Economics Dis- cussion Paper No. In some cases, the e-articles were enhanced by added features possible only in digital publishing environments. Among such features in the e-articles were: searching and cross-searching by keywords; hyper-linking of citations to cited references or abstracts thereof; varying levels of resolution of images; communication with authors and editors; and the inclusion of data and information objects supplemental to the core article. Eventually, other features appeared: downloading of images to presentation applications; taxonomic indexing and searching; precision relevance engines; downloading to citation managers; assembling custom collections of articles; and personalized alerts of new publications. About the same time, some of these features began to nd their ways into reference works heavily used by scholars in the humanities and social sciences; see for example the Oxford English Dictionary on-line. Or perhaps, if it was known, it was deemed too expensive to implement, although in the recent several years, some e-journals in the humanities and social sciences have implemented On the other hand, as Penelope Kaiserlian has demonstrated, some humanities Indeed, the Rotunda project is authors, editors, and publishers have undertaken a separate evolution. Kaiserlian reports on aspects of sustaining such editions as Rotunda has published, focusing primarily on the requirement to keep the editions lively and to continue to survey, harvest, and expand the universe of related sites, reecting the essential, homeostatic nature of the best Web publications. If the experience of the Stanford University Press is typical, sales of those e-books amount to only small increments in gross revenues. And those of us straddling both the university press and university library fence know that some of the larger academic publishers meanwhile have begun oering annual tranches of e-versions of their books with attractive rates for what amount to bulk purchases, provision for local indexing and analysis of the supplied texts, and agreements permitting local preservation in digital archives. Rotunda could not have been started or gotten to its present state without the outside funding it received. Where will Rotunda nd the money not just to sustain these publications as issued, but to add content and features as the scholarly community adds material of relevance The experimentation and development in the evolutionary trends mentioned above are laudable. If one substitutes the terms supply and demand for yin and yang, a quandary surfaces. The demands of a few scholars who recognized the possibilities of the web for expression and the expansion of features useful for scholarly pursuits, which were exerted on a few publishers, produced a supply of new e-genres. It remains to be seen whether the supply of e-genres results in demands for more publications and more experimentation. A better marker of the success of the Rotunda editions will be the use and citations of use in new monographs, rather than library subscriptions committed. Another key marker will be the appearance of similar or even more avant-garde publications brought out by other publishers. These eorts and evolutions are not alone in the universe occupied by the participants in this conference. It is not yet apparent that there has been or will be a transfer of readers of passive-page images of mysteries and histories on a Kindle to consumers of the seven e-genres listed above. We might want to study that conversion, if there is any evidence that it is occurring. Another horse straining at the starting gate is wearing the colors of textbook publishers, the big ve of which have been preparing e-textbooks for release for some time. Rumors have been circulating about the features of this new e-genre: lively texts and images; easily changed texts to suit the political convenience of statewide boards of education and schools aliated with religious movements; on-line review mechanisms and e-tests; take-away outlines of main points; leasing rather than purchase of e-textbooks in order to avoid the secondary sales market now plaguing publishers; constantly changing editions and versions. Whether K-12 students who have used them in the course of the next decade will inuence scholarly e-expression in decades following is, of course, an open question. Critical appraisal and acceptance of the new e-genres, the ones that are entirely digital, as in the list of seven above, will come rst from the digerti, but the innate conservatism of the evaluation and assessment processes that take graduate students from exuberant experimentation to sober thesis preparation to the grinding of the tenure mill limits the rate of change in embracing true e-genres. We need to see some mapping of knowledge and information networks; a new citation analysis methodology for the humanities is needed. Experience so far in collaborative projects in the humanities suggests that the senior-most scholars provide cover for the juniors, but that in most cases, the junior scholars cannot easily make use in their own career development of such experiences; do collaborative projects in the humanities (big humanities Where in the panoply of publications of large amounts of texts and the amalgamations of those texts into enormous corpora do our editors and publishers become engaged with the possibilities and results of text-mining, natural language processing, and other analytical approaches possible only in the digital environments
At present, there is no effective treatment for the dry type of macular degeneration. Some research suggests that certain patients may benefit from a cocktail of certain antioxidant vitamins and minerals, but the results are mixed at best. They are not a cure for the disease nor will they restore the vision that has been lost. For the wet type medications that slow the growth of abnormal blood vessels, and surgery, such as laser treatment to destroy the abnormal blood vessels may be used. Only 25% of those with the wet version may see improvement with these procedures (Boyd, 2016). A third vision problem that increases with age is glaucoma, which is the loss of peripheral vision, frequently due to a buildup of fluid in eye that damages the optic nerve. As you age the pressure in the eye may increase causing damage to the optic nerve. The exterior of the optic nerve receives input from retinal cells on the periphery, and as glaucoma progresses more and more of the peripheral visual field deteriorates toward the central field of vision. Cataracts, Macular Degeneration and Glaucoma Glaucoma is the most common cause of blindness in the U. African Americans over age 40, and everyone else over age 60 has a higher risk for glaucoma. There is no cure for glaucoma, but its rate of progression can be slowed, especially with early diagnosis. Reducing eye pressure lowers the risk of developing glaucoma or slow its progression in those who already have it. Hearing: As you read in Chapter 8, our hearing declines both in terms of the frequencies of sound we can detect, and the intensity of sound needed to hear as we age. Older adults may also notice tinnitus, a ringing, hissing, or roaring sound in the ears. The exact cause of tinnitus is unknown, although it can be related to hypertension and allergies. The incidence of both presbycusis and tinnitus increase with age and males have higher rates of both around the world (McCormak, Edmondson-Jones, Somerset, & Hall, 2016). Your balance is controlled by the brain receiving information from the shifting of hair cells in the inner ear about the position and orientation of the body. With age this function of the inner ear declines which can lead to problems with balance when sitting, standing, or moving (Martin, 2014). Taste and Smell: Our sense of taste and smell are part of our chemical sensing system. Normal taste occurs when molecules that are released by chewing food stimulate taste buds along the tongue, the roof of the mouth, and in the lining of the throat. Given that the loss of taste buds is very gradual, even in late adulthood, many people are often surprised that their loss of taste is most likely the result of a loss of smell. Our sense of smell, or olfaction, decreases more with age, and problems with the sense of smell are more common in men than in women. These cells are stimulated by two pathways; when we inhale through the nose, or via the connection between the nose and the throat when we chew and digest food. It is a problem with this second pathway that explains why some foods such as chocolate or coffee seem tasteless when we have a head cold. Touch: Research has found that with age, people may experience reduced or changed sensations of vibration, cold, heat, pressure, or pain (Martin, 2014). Many of these changes are also aligned with a number of medical conditions that are more common among the elderly, such as diabetes. The ability to detect changes in pressure have been shown to decline with age, with it being more pronounced by the 6th decade and diminishing further with advanced age (Bowden & McNelty, 2013). Yet, there is considerable variability, with almost 40% showing sensitivity that is comparable to younger adults (Thornbury & Mistretta, 1981). However, the ability to detect the roughness/smoothness or hardness/softness of an object shows no appreciable change with age (Bowden & McNulty, 2013). Those who show increasing insensitivity to pressure, temperature, or pain are at risk for injury (Martin, 2014).
The missing compression member was readily found in another prior art reference (Anderson), which disclosed an external fracture immobilization splint for immobilizing long bones with a swivel clamp capable of polyaxial movement until rigidly secured by a compression member. In this case, it was successfully argued that Puno "teaches away" from a rigid screw because Puno warned that rigidity increases the likelihood that the screw will fail within the human body, rendering the device inoperative for its intended purpose. In fact, the reference did not merely express a general preference for pedicle screws having a "shock absorber" effect, but rather expressed concern for failure and stated that the shock absorber feature "decrease[s] the chance of failure of the screw of the bone-screw interface" because "it prevent[s] direct transfer of load from the rod to the bone-screw interface. In view of this teaching and the backdrop of collective teachings of the prior art, the Federal Circuit determined that Puno teaches away from the proposed combination such that a person of ordinary skill would have been deterred from combining the references as proposed. Secondary considerations evaluated by the Federal Circuit relating to failure by others and copying also supported the view that the combination would not have been obvious at the time of the invention. The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. The prior art (Pagliaro) method produced a decaffeinated vegetable material and trapped the caffeine in a fatty material (such as oil). The caffeine was then removed from the fatty material by an aqueous extraction process. Applicant (Fout) substituted an evaporative distillation step for the aqueous extraction step. The prior art (Waterman) suspended coffee in oil and then directly distilled the caffeine through the oil. The court found that "[b]ecause both Pagliaro and Waterman teach a method for separating caffeine from oil, it would have been prima facie obvious to substitute one method for the other. Express suggestion to substitute one equivalent for another need not be present to render such substitution obvious. Thus, it would have been obvious to one of ordinary skill in the art to replace the prior art gene with another gene known to lead to protein production, because one of ordinary skill in the art would have been able to carry out such a substitution, and the results were reasonably predictable. Simple Substitution of One Known Element for Another To Obtain Predictable Results To reject a claim based on this rationale, Office personnel must resolve the Graham factual inquiries. Then, Office personnel must articulate the following: (1) a finding that the prior art contained a device (method, product, etc. The prior art showed differing load-bearing members and differing means of attaching the foundation to the member. The prior art (Wyant) disclosed at least one pocket formed by folding a single sheet and securing the folder portions along the inside margins using any convenient bonding method. The prior art (Wyant) did not disclose bonding the sheets to form a continuous two-ply seam. The prior art (Dick) disclosed a pocket that is made by stitching or otherwise securing two sheets along three of its four edges to define a closed pocket with an opening along its fourth edge. In considering the teachings of Wyant and Dick, the Board "found that (1) each of the claimed elements is found within the scope and content of the prior art; (2) one of ordinary skill in the art could have combined the elements as claimed by methods known at the time the invention was made; and (3) one of ordinary skill in the art would have recognized at the time the invention was made that the capabilities or functions of the combination were predictable. On reexamination, the examiner rejected the claims as obvious based on a combination of references including an advertisement (Damark) for a folding treadmill demonstrating all of the claim elements other than the gas spring, and a patent (Teague) with a gas spring. Teague was directed to a bed that folds into a cabinet using a novel dual-action spring that reverses force as the mechanism passes a neutral position, rather than a single-action spring that would provide a force pushing the bed closed at all times. The dual-action spring reduced the force required to open the bed from the closed position, while reducing the force required to lift the bed from the open position. The Federal Circuit addressed the propriety of making the combination since Teague was in a different field than the application. Teague was found to be reasonably pertinent to the problem addressed in the application because the folding mechanism did not require any particular focus on treadmills, but rather generally addressed problems of supporting the weight of such a mechanism and providing a stable resting position. The court also considered whether one skilled in the art would have been led to combine the teachings of Damark and Teague. Appellant argued that Teague teaches away from the invention because it directs one skilled in the art not to use single-action springs and does not satisfy the claim limitations as the dual-action springs would render the invention inoperable. The Federal Circuit considered these arguments and found that, while Teague at most teaches away from using single-action springs to decrease the opening force, it actually instructed that single-action springs provide the result desired by the inventors, which was to increase the opening force provided by gravity.
The court stated that an "offer to enter into a license under a patent for future sale of the invention covered by the patent when and if it has been developed. In addition, the court stated that the letter lacked material terms of a commercial offer such as pricing for the product, quantities, time and place of delivery, and product specifications and that the dollar amount in the letter was not a price term for the sale of the product but rather the amount requested was to form and continue a partnership, explicitly referred to as a "licensing fee. Sale Activity Need Not Be Public Unlike questions of public use, there is no requirement that "on sale" activity be "public. Objective Evidence of Sale or Offer To Sell Is Needed memoranda, drawings, correspondence, and testimony of witnesses. However, "what the purchaser reasonably believes the inventor to be offering is relevant to whether, on balance, the offer objectively may be said to be of the patented invention. Sales or Offers for Sale by Independent Third Parties Will Bar a Patent In determining if a sale or offer to sell the claimed invention has occurred, a key question to ask is whether the inventor sold or offered for sale a product that embodies the invention claimed in the application. Objective evidence such as a description of the inventive product in the contract of sale or in another communication with the purchaser controls over an uncommunicated intent by the seller to deliver the inventive product under the contract for sale. The purchaser need not have actual knowledge of the invention for it to be on sale. Such a sale prior to the critical date is a bar if engaged in by the patentee or patent applicant, but not if engaged in by another. If the invention was actually reduced to practice before being sold or offered for sale more than 1 year before filing of the application, a patent will be barred. The Pfaff ready for patenting condition is also satisfied because the specification drawings, available prior to the critical date, were actually used to produce the accused cartridges. Actual reduction to practice in the context of an on-sale bar issue usually requires testing under actual working conditions in such a way as to demonstrate the practical utility of an invention for its intended purpose beyond the probability of failure, unless by virtue of the very simplicity of an invention its practical operativeness is clear. The invention need not be ready for satisfactory commercial marketing for sale to bar a patent. A claimed process, which is a series of acts or steps, is not sold in the same sense as is a claimed product, device, or apparatus, which is a tangible item. Moreover, the sale of a device embodying a claimed process may trigger the on-sale bar. However, the sale of a prior art device different from that disclosed in a patent that is asserted after the critical date to be capable of performing the claimed method is not an on-sale bar of the process. If any commercial exploitation does occur, it must be merely incidental to the primary purpose of the experimentation to perfect the invention. The purpose of such activities is commercial exploitation and not experimentation. The "on sale" bar does not generally apply where both manufacture and delivery occur in a foreign country. However, "on sale" status can be found if substantial activity prefatory to a "sale" occurs in the United States. An offer for sale, made or originating in this country, may be sufficient prefatory activity to bring the offer within the terms of the statute, even though sale and delivery take place in a foreign country. The same rationale applies to an offer by a foreign manufacturer which is communicated to a prospective purchaser in the United States prior to the critical date. Thus, even if there is bona fide experimental activity, an inventor may not commercially exploit an invention more than 1 year prior to the filing date of an application. However, careful scrutiny by the examiner of the objective factual circumstances surrounding such a sale is essential. The following activities should be used by the examiner as indicia of this subjective intent: (A) Preparation of various contemporaneous "commercial" documents. Where the examiner has found a prima facie case of a sale or an offer to sell, this burden will rarely be met unless clear and convincing necessity for the experimentation is established by the applicant. This does not mean, of course, that there are no circumstances which would permit alleged experimental activity in an atmosphere of commercial exploitation. In certain circumstances, even a sale may be necessary to legitimately advance the experimental development of an invention if the primary purpose of the sale is experimental. Under such circumstances, the customer at a minimum must be made aware of the experimentation.
Rosa sinica (Cherokee Rosehip). Suprax.
Source: http://www.rxlist.com/script/main/art.asp?articlekey=96865
To help us process and review your statement more efficiently, please use only one method. Statements also will be available for Web site viewing and printing in the Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule January 12, 2016. The content of the Regulatory Element of the Program is determined by the Exchange for each registration category of persons subject to the Rule. In addition, a registered person is required to retake the Regulatory Element in the event that such person: (i) becomes subject to any statutory disqualification as defined in Section 3(a)(39) of the Securities Exchange Act of 1934 (the ``Act'); (ii) becomes subject to suspension or to the imposition of a fine of $5,000 or more for violation of any provision of any securities law or regulation, or any agreement with or rule or standard of conduct of any securities governmental agency, securities self-regulatory organization, or as imposed by any such regulatory or self-regulatory organization in connection with a disciplinary proceeding; or (iii) is ordered as a sanction in a disciplinary action to re-take the Regulatory Element by any securities governmental agency or securities self-regulatory organization. At that time, the Exchange will file another fee filing to remove the test center option for delivery of the Regulatory Element from the Fees Schedule. Statutory Basis the Exchange believes the proposed rule change is consistent with the Act and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 18 requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. In general, reduction in cost and removal of barriers to entry encourages competition among market participants, particularly in situations where such rules are consistently employed across the markets. For the foregoing reasons, the Exchange believes that the proposed rule change will relieve burdens on, and otherwise promote, competition. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. To help the Commission process and review your comments more efficiently, please use only one method. Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U. Funds and custodians may determine the specific measures the custodian will take to comply with this obligation. Therefore, we estimate there is no ongoing burden associated with this collection of information. Custodians and depositories usually transmit financial reports to funds twice each year. Uniform Commercial Code, Revised Article 8-Investment Securities (1994 Official Text with Comments) (``Revised Article 8'). It is our understanding based on staff conversations with industry representatives that custodians and depositories transmit these reports to clients in the normal course of their activities as a good business practice regardless of whether they are requested. Therefore, for purposes of this Paperwork Reduction Act estimate, the Commission staff assumes that custodians transmit the reports to all fund clients. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U. The rule is elective, but most, if not all, funds use depository custody arrangements. See Custody of Investment Company Assets With a Securities Depository, Investment Company Act Release No. The Commission staff estimates the number of possible securities depositories by adding the 12 Federal Reserve Banks and 9 active registered clearing agencies. The Commission staff recognizes that not all of these entities may currently be acting as a securities depository for fund securities. This provision incorporates into the rule the standard of care provided by section 504(c) of Article 8 of the Uniform 2 As 1 15 926 hours (by support staff) annually in transmitting such reports to funds.
Usually, this is done with the hearing officer and the attorneys for the Appellant and Respondent. Protective Services: Services provided by the state, or other governmental agency, or by private organizations or individuals that are necessary to prevent abuse, neglect, or financial exploitation. Such protective services include, but are not limited to , evaluation of the needs for services, assistance in obtaining appropriate social services, and assistance in securing medical and legal services K. R Report: Description or accounting of an incident or incidents of abuse, neglect, or financial exploitation under this act and for the purposes of this act does not include any written assessment or findings K. Resident: Any individual kept cared for, treated, boarded or otherwise accommodated in facilities licensed by Kansas Department of Health and Environment or Kansas Department for Aging and Disability Services K. Risk Assessment: the process by which the Involved Adult is evaluated for risk of harm and for the physical and cognitive abilities to protect his or her interests and personal safety. S Self-Neglect: An adult who fails to meet their own essential physical, psychological or social needs, which threatens their health, safety and well-being. Services Necessary to Maintain Physical and/or Mental Health: Services that include, but are not limited to , the provision of medical care for physical and mental health needs, the relocation of an adult to a facility or institution able to offer such care, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, protection from health and safety hazards, protection from maltreatment, the result of which includes, but is not limited to , malnutrition, deprivation of necessities or physical punishment and transportation necessary to secure any of the above stated needs, except that shall not include taking such persons into custody without consent, except as provided in this act K. State Agency: Any officer, department, bureau, division, board, authority, agency, commission or institution of this state, except the judicial and legislative branches, which is authorized by law to promulgate rules and regulations concerning the administration, enforcement or interpretation of any law of this state as defined in K. T Temporary Guardian: (Emergency Guardian under former statute): Person or approved corporation appointed by the court when there is an imminent danger to the health, or safety of the proposed ward. Trust: A right of property, real or personal, held by one party for the benefit of another. I ntervention is available to adults in need of assistance dealing with abusive, neglectful or exploitative situations. Interventions provided by Adult Protective Services include receiving reports of abuse, neglect or financial exploitation, investigating these reports, and making findings regarding the allegations in these reports. Findings made are for administrative purposes for tracking and maintenance of the Adult Abuse, Neglect, and Exploitation Central Registry. Designated staff in these institutions will conduct the investigation regarding staff to patient abuse/ neglect/ financial exploitation allegations according to their Risk Management procedures. Adult Protective Services statutes, time frames and Due Process for the alleged perpetrator shall be followed. Determine whether the concern meets the definition of abuse, neglect, exploitation or fiduciary abuse, as defined in K. The Initial Assessment is to determine when there are reasonable grounds to believe abuse, neglect or exploitation exists and immediate steps are needed to protect the health and welfare of the abused, neglected or exploited adult. An investigation and/or further assessment is indicated All reports shall have an Initial Assessment made without delay. The maximum time allowed to make an Initial Assessment decision or request a Preliminary Inquiry is the end of the next half workday from the time the report is received. Reports received between 8:00 am and 12 noon will need an initial assessment decision made by 5:00 pm of the same day. Reports received between 12:01 pm and 5:00 pm will need an initial assessment decision by 12 noon the following workday. If information in the report indicates the adult is in imminent danger law enforcement shall be contacted. Reports are to be assigned for further assessment when information in the intake indicates the adult meets the definition of adult in K. The allegation is a consumer to consumer incident and information in the report alleges neglect by agency/facility staff; 5. Reports indicate a need for a guardianship and/or Conservatorship and there are concerns of abuse, neglect, and/or financial exploitation that meet the criteria based on K. Reports Resulting from Actions Within School Policy Reports of disciplinary action within school policy are generally a matter for resolution by the administration or Board of Education. The Initial Assessment shall be completed with the decision Not Assigned for Further Assessment and forwarded to the appropriate school administrator and to the county/district attorney. Examples of such reports include: excessive force used while administering corporal punishment, unreasonable detention or isolation otherwise permitted by school policy. Reports Resulting From Actions Not Within School Policy Reports of abuse/neglect which are not within or the result of school policy are, in most cases, a matter for law enforcement investigation as a Non-family/Unregulated Care Giver Report. The incident has been previously investigated or is currently being investigated, E.
The Commission is unable at this time to define or quantify the criteria that would establish whether a specific radio station is dominant in its field of operation. Accordingly, the estimate of small businesses to which rules may apply do not exclude any radio station from the definition of a small business on this basis and therefore may be over-inclusive to that extent. Also as noted, an additional element of the definition of ``small business' is that the entity must be independently owned and operated. It is difficult at times to assess these criteria in the context of media entities and Commission estimates of small businesses to which they apply may be over-inclusive to this extent. In addition, there are approximately 225 applicants with pending applications filed in the 2003 translator filing window. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements 35. In the case of proposed changes to the technical rules regarding calculation of daytime and nighttime interfering contours, and changes to daytime, nighttime, and critical hours protection to some stations, there would be changes in the calculation of interstation interference and reporting of same. However, the information to be filed is already familiar to broadcasters, and the nature of the interference calculations would not change, only the values that are acceptable, so any additional burdens would be minimal. The proposal merely relaxes the siting requirement and expands the area in which such a cross-service fill-in translator may be located. Thus, there should be no additional reporting or recordkeeping burdens, and compliance with the siting rules will be easier. The only changes would be to relax the requirements for making proofs of performance or method of moments models. Steps Taken To Minimize Significant Impact on Small Entities, and Significant Alternatives Considered 36. The authority for this proposed rulemaking is contained in Sections 1, 2, 4(i), 303, 307, and 309(j) of the Communications Act of 1934, 47 U. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply 32. Included in this industry are commercial, religious, educational, and other radio stations. The Commission noted, however, that, in assessing whether a business concern qualifies as small under the above definition, business (control) affiliations must be included. There may be unique circumstances these entities may face, and the Commission will consider appropriate action for small broadcasters when preparing a Second Report and Order in this matter. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@ fcc. Accordingly, it is ordered that, pursuant to sections 4(i), 301, 303(r), 316, and 403 of the Communications Act of 1934, as amended, 47 U. It is further ordered that, pursuant to Sections 1, 303(g), and 403 of the Communications Act of 1934, as amended, 47 U. These stations are protected from objectionable interference within their primary service areas. Stations operating on these channels are classified as follows: (1) Class A station. A Class A station is an unlimited time station that operates on a clear channel and is designed to render primary service over an extended area at relatively long distances from its transmitter. Its primary service area is protected from objectionable interference from other stations on the same and adjacent channels. On each radial corresponding to a pattern minimum or maximum, there shall be at least three measurement locations. The field strength shall be measured at each reference location at the time of the proof of performance. These stations render primary service, the area of which depends on their geographic location, power, and frequency. It is recommended that Class B stations be located so that the interference received from other stations will not limit the service area to a groundwave contour value greater than 2. On local channels the separation required for the daytime protection shall also determine the nighttime separation. Where directional antennas are employed daytime by Class C stations operating with power equal to or greater than 0. For nighttime protection purposes, Class C stations in the 48 conterminous United States may assume that stations in Alaska, Hawaii, Puerto Rico, and the U.
In our case, we set out to develop a project of genius and found that our errors (volitional or, as was more often the case, accidental) certainly provided the necessary direction to pursue a more usable and useful reading environment for professional readers. New Historicism New Historicism situated itself in opposition to earlier critical traditions that dismissed historical and cultural context as irrelevant to literary study, and proposed instead that literature exists not in isolation from social questions but as a dynamic participant in the messy processes of cultural formation. Thus, New Historicism eschewed the distinction between text and context, arguing that both are equal partners in the production of culture (Hall 2007: vii). In Renaissance studies, as elsewhere, this ideological shift challenged scholars to engage not only with the traditional canon of literary works but also with the whole corpus of primary materials at their disposal. As New Historicism blurred the lines between the literary and non-literary, its proponents were quick to illustrate that all cultural formsliterary and non-literary, textual and visual could be freely and fruitfully read alongside and against one another. The Sociology of Text A concurrent paradigm shift in bibliographical circles was the rise of the social theory of text, exemplied in the works of Jerome J. See Appendix 1 for a list of addresses 3 Much 4 It and presentations from which the present article is drawn. Interested readers are directed to the following early critical assessments of New Historicism: Erickson 1987, Howard 1986, and Pechter 1987. In addition to being an argument against the notion that the physical book is the disposable container, as Kathryn Sutherland has suggested, it is also an argument in favor of the signicance of the text as a situated act or event, and therefore, under the conditions of its reproduction, necessarily multiple (1997: 6). In other words, the social theory of text rejected the notion of individual literary authority in favor of a model where social processes of production disperse that authority. According to this view, the literary text is not solely the product of authorial intention, but the result of interventions by many agents (such as copyists, printers, publishers) and material processes (such as revision, adaptation, publication). In practical terms, the social theory of text revised the role of the textual scholar and editor, who (no longer concerned with authorial intention) instead focused on recovering the social history of a textthat is, the multiple and variable forms of a text that emerge out of these various and varied processes of mediation, revision, and adaptation. Knowledgebases the proliferation of Renaissance text-corpus humanities computing projects in North America, Europe, and New Zealand during the late 1980s and early 1990s 6 might be considered the inevitable result of the desire of Renaissance scholars, spurred on by the project of New Historicism, to engage with a vast body of primary and secondary materials in addition to the traditional canon of literary works; the rise of the sociology of text in bibliographical circles; and the growing realization that textual analysis, interpretation, and synthesis might be pursued with greater ease and accuracy through the use of an integrated electronic database. Interested readers are directed to critical assessments by Tanselle (1991) and Greetham (1999: 397-418). In addition to the authors of the application itself, other investigators involved with the group included David A. Milic, Barbara Mowat, Joachim Neuhaus, Michael Neuman, Henry Snyder, Frank Tompa, and Greg Waite. Also present at that session were Eric Calaluca (Chadwyck-Healey), Mark Rooks (InteLex), and Patricia Murphy, all of whom proposed to digitize large quantities of primary materials from the English Renaissance. Chadwyck-Healey was to transcribe books from the lish various full-text databases now combined as gmridge filiogrphy of inglish viterture and pubviterture ynline. InteLex was to publish its st wsters hortEitle gtlogue to machine-readable form ext gretion rtnership. Secondary research materials are also being provided in the form of (1) open access databases, such as the htse of irly inglish lyooks (Alan B. Farmer and Zachary Lesser), the inglish hort itle gtlogue (British Library, Bibliographical Society, and the Modern Language Association of America), and the iih trons nd erformne e ite (Records of Early English Drama and the University of Toronto); (2) open access scholarly journals, such as those involved in the uli unowledge rojet or others listed on the hiretory of ypen eess tournls; and, (3) printed books actively digitized by libraries, independently and in collaboration with organizations such as Google (qoogle fook erh) or the Internet Archive (ypen eess ext erhive). Even with this sizeable amount of work on primary and secondary materials accomplished or underway, a compendium of such materials is currently unavailable, and, even if it were, there is no system in place to facilitate navigation and dynamic interaction with these materials by the user (much as one might query a database) and by machine (with the query process automated or semi-automated for the user). There are, undoubtedly, benets in bringing all of these disparate materials together with an integrated knowledgebase approach. Doing so would facilitate more ecient professional engagement with these materials, oering scholars a more convenient, faster, and deeper handling of research resources. For example, a knowledgebase approach would remove the need to search across multiple databases and listings, facilitate searching across primary and secondary materials simultaneously, and allow deeper, full-text searching of all records, rather than simply relying on indexing information alonewhich is often not generated by someone with Available for free at Connexions <cnx. This is accomplished by facilitating conceptual and thematic searches across all pertinent materials, via the incorporation of advanced computing search and analysis tools that assist in capturing connections between the original objects of contemplation (primary materials) and the professional literature about them (secondary materials). When considering a denition of the eld, Willard McCarty warns that we cannot rest content with the comfortably simple denition of humanities computing as the pplition of the omputer to the disiplines of the humnities, for to do so fails us by deleting the agent-scholar from the scene and by overlooking the mediation of thought that his or her use of the computer implies (1998: n. After McCarty, Ray Siemens and Christian Vandendorpe suggest that digital humanities or humanities computing as a research area is best dened loosely, as the intersection of computational methods and humanities scholarship (2006: xii). A foundation for current work in humanities computing is 9 knowledge representtion, which John Unsworth has described as an interdisciplinary methodology that combines logic and ontology to produce models of human understanding that are tractable to computation (2001: n. While fundamentally based on digital algorithms, as Unsworth has noted, knowledge representtion privileges traditionally held values associated with the liberal arts and humanities, namely: general intelligence about human pursuits and the human social/societal environment; adaptable, creative, analytical thinking; critical reasoning, argument, and logic; and the employment and conveyance of these in and through human communicative processes (verbal and non-verbal communication) and other processes native to the humanities (publication, presentation, dissemination).
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