Sunday, October 31, 2010
WE WANT TO TAKE OUR COUNTRY BACK
“THEY ARE TAKING AWAY MY AMERICA”
It was last year during one of those now infamous TOWN HALL MEETINGS where the elected representative wanted to meet with people in his district and have a meaningful exchange of ideas and feedback from his constituents that this woman in the back of the room rose and tearfully went into a diatribe about how she was afraid and her voice cracking with anguish and pain declared “they are taking away my America”
I will not forget that although I have forgotten which Town Hall meeting it was and exactly when it happened because there have been so many others just like that encounter that it is all melding together into one big, incoherent message that resonates with Teahadists and which Republicans are not willing to repudiate.
It is one of the many askew and repugnant signs of that old ugly snake raising its head: the snake of racism, intolerance, xenophobia, homophobia and religious fanaticism. Only these Teahadists don’t really know it, they are sadly, too ignorant to realize that this is really the issue as they carry a flag with another snake that reads: “don’t tread on me”
To “take back America” from whom; take it back to where? I think that any of the Tea Baggers would be hard-pressed to answer those two basic questions. It is also one significant point that they want “LESS GOVERNMENT, SMALLER GOVERNMENT OR NO GOVERNMENT AT ALL”, they want “MORE FREEDOM”. And another one was: ‘LISTEN TO US”
It is then that you have to ask: Less government from what? From having regulations? Less government from interfering in our private sex lives? Less government to offer safety nets? What is it exactly what that less government entails?
You also question this mantra of “SMALLER GOVERNMENT” What in the hell are they talking about? “Government is too big” they will repeat like parrots. But our government is as big as it needs to be if you consider that we are arguably the number one super power in this world of ours. To have anything else is a defeatist, self-destructive outlook that would make our country a third rated, third world nation.
And then there is the beauty: “MORE FREEDOM” More freedom to do what? More freedom for whom? Are you now deprived of some freedom that you have to go out and carry a sign protesting that deprivation? Is there some freedom you stand to lose if your Tea Bag Party does not win? I dare say NO.
I would also like to say to these Teahadists: I will start LISTENING TO YOU when you have SOMETHING TO SAY.
In the blog
http://www.ourfuture.org/users/terrance-heath
Terrance Heath puts it very eloquently: “This is not your country. Nor is it mine. That we were born here, along with our forebears hardly matters. This has been the message of the Tea Party since its incorporation — and of conservatism itself for more than a generation — to anyone who doesn't' fit their demographic, in terms of race, religion, politics, etc.
It is most often expressed by the Tea Party's declared desire to "Take our country back." This is not your country. Nor is it mine. It's theirs, and they're "taking it back." This raises a few very important questions: "Who are they taking it from?", "Who are they taking it for?", and "How do they plan to take it?"
So, if you want to take back your America bear in mind that it is not yours to take because this is also my America, it is everybody’s America you stupid, racist, xenophobic douche bag. And I close with the insult which I feel is not even sufficiently harsh to express my disdain and repulsion for the Teahadists.
Letter from AmeriKat: Happy Halloween!
The AmeriKat adores the fall holidays. For those who know her Thanksgiving is by far the AmeriKat's favorite holiday, but running a close second is Halloween. Although she has begun noticing a growth in Halloween parties and events in the UK, no one does Halloween like the US. Costumes are plastered on our infants from the womb and grocery store aisles are devoted to crates of candy and ghoulish masks. Unlike the UK where one generally has to dress up 'scary' for the event, our costumes span the gambit of fancy dress; a mermaid, a flight attendant, a pumpkin are all acceptable attire. This Halloween, the AmeriKat had planned to go as a Savannah flapper vampire (complete with accent and all) to one of her friend's Halloween parties and so she laid her head down to take a 15 minute power nap before the preparation would begin. However, when she later awoke it was 1 AM and her Halloween fun had sadly vanquished - a lesson that there is no such thing as a Kat nap. (picture, top left - look closely and you will see the AmeriKat asleep in her jack o'lantern) Happy Halloween from the AmeriKat!
Court squeezes all the juice from the LimeWire: Something else that has been vanquished this week is LimeWire, the music file-sharing service that is a favorite of old and young alike. Last Tuesday Manhattan federal judge Kimba Wood ordered that LimeWire be permanently shut down by disabling the "searching, downloading, uploading, file trading and/or file distribution functionality" of their file-sharing software. This injunction follows a ruling six months ago that found the company and its founder, Mark Gorton, liable for copyright infringement on a "massive scale". LimeWire is still in the process of negotiating licence deals with major record labels to legally provide music for sale with a subscription service. Following the ruling Gorton issued a statement declaring that:
"While this is not our ideal path, we hope to work with the music industry in moving forward. We look forward to embracing necessary changes and collaborating with the entire music industry in the future."
Meanwhile the RIAA (Recording Industry Association of America) who handled the lawsuit issued the following following statement:
"For the better part of the last decade, LimeWire and Gorton have violated the law. The court has now signed an injunction that will start to unwind the massive piracy machine that LimeWire and Gorton used to enrich themselves immensely"
Now with the issues of liability and the injunction determined, the court will now be tasked with the quantification of damages early next year that the company and Gorton will have to pay. The LimeWire injunction came shortly after the former head of Warners Music in the UK, Rob Dickins, suggested that albums should go for as little as £1, which would enable the purchase to be an impulse purchase. Others, such as Paul Quirk the head of Entertainment Retailers Association, suggested that Dickins had already benefited from the heyday of $14 albums and was too casual with his statement (see this report in Ars Technica). From courtrooms to industry meetings, everyone is struggling to put a price on music. But is a music track worth a bottle of water, or a hardback novel? Regardless of the correct answer, the court's assessment of damages in the LimeWire case next year will be far greater than either of those values.
Hell's Angels take on Alexander McQueen: What does couture house Alexander McQueen and the Hells Angels Motorcycle Club have in common? Nothing, unless you count the recent lawsuit brought by the Hells Angels in California federal court Monday against Alexander McQueen Trading Company, owned by PPR, for use of their trade mark name and mascot winged death head symbol (picture, left). The famous motorcycle group has reportedly used their name and symbol since at least 1948 and are also proprietors of a USPTO registered trade marks in classes for jewellery and clothing. For those who are unfamiliar with the Hells Angels, the gang is comprised of motorcycle enthusiasts that are admitted once strict requirements are met. The FBI classifies the Hells Angels as one of the big four motorcycle gangs with links to violence and organized crime(although the group denies this). Not exactly a group of people that you would want to rip-off....
The complaint lists a $495 four finger duster ring called the "Hell's Knuckle Duster" which includes the protected winged death head design, a $2,329 clutch (picture, right) with a similar symbol, as well as a $1,595 dress and $560 silk scarf. These garments and accessories which include similar marks of the Hells Angels would, when worn, represent membership insignia and, according to the Hells Angels' attorney, Fritz Clapp ,"anyone wearing them would be considered an imposter by club members”. Eeeek! This invokes a somewhat funny image of a woman with an incredibly expensive designer handbag being chased by the Hells Angels for trade mark infringement.
This complaint against Alexander McQueen comes at the same time costume designer Jany Temime was accused of knocking off a McQueen dress in the upcoming Harry Potter film. Temime designed a wedding dress for the marriage of Bill Weasley and Fleur Delacour which incorporated a phoenix bird and feather motif, which is reminiscent of McQueen's peacock dress of A/W (Autumn/Winter) 2008. The dresses both include the heads of two birds at the bodice line with their body and feathers cascading down through the skirt. It seems incredible to the AmeriKat that a cosutme designer for a prominent film would skate so close to the edge of design protection. Some investigation by the AmeriKat has come up with a question that the dress was actually authorized by Alexander McQueen, but the official story has yet to be forthcoming.
USPTO and EPO unite to develop join patent classification system: Last Monday the USPTO announced that it will be working with the EPO to establish the formulation of a joint patent classification system. Because the USPTO pre-deates the International Patent Classification (IPC) system, the US system is not alligned with many other countries. The joint classification system will be more detailed than the current IPC system to improve patent searches, which will also aim to eliminate the duplication of work between the USPTO and EPO. David Kappos, Director of the USPTO, and Benoît Battistelli, head of the EPO, issued a joint statement stating that:
"In view of the significant benefit to stakeholders of developing a transparent and harmonized approach to global classification system for patent documents; in order to make the search process more effective; and in the belief that cooperation between the two offices will facilitate progress in undertaking classification harmonization projects under the IP5 Common Hybrid Classification initiative, the USPTO and the EPO have agreed together to work toward the formation of a partnership to explore the development of a joint classification system based on the European Classification system (ECLA) that will incorporate the best classification practices of the two offices. This system would be aligned with the WIPO classification on standards and IPC structure. Accordingly, they have initiated discussions on governance and operational aspects of such a partnership"
Earlier this month the USPTO launched its second pilot of their Peer to Patent system which commenced on 24 October 2010. With the stated goal of "enhancing government effectiveness through openness and collaboration", Peer to Patent is a system whereby the patent examination process is open to the public who can submit information, such as evidence of prior art to assist USPTO patent examiners during their examination. In the first Peer to Patent pilot over 600 items of prior art were submitted for 189 applications. The AmeriKat wonders if this could be a nice and easy way for current patent holders to 'pre-litigate' and knock patents of potential competitors out of the system. If so, is that a good or bad thing?
Agenda 21: The UN's Plan to Save the Earth
Agenda 21 is the unrighteous undertaking of the United Nations to create a global green movement to save the earth. It is a radical New Age game plan, said to be able to simultaneously slow global warming and world economic disparity woes which has gained major backing from key world leaders. One of the prominent endorsers is Jeremy Rifkin.
In Rifkin's book titled The Emerging Order, he leads you through the origins of liberal thought (from Calvin) and tries to create a sympathetic view of the liberal's obligation to save our depleted planet. To do this, he points at the ugliness of greedy, self-interested capitalism, and tries to see the righteousness of the compassionate ways of liberalism. He blames the goals and depletion of the world's natural resources on capitalism. He wants us to transition the world from the "age of growth" to the "age of scarcity," and has his game plan ready.
Rifkin's compassionate views of liberalism are not so compassionate. Many of his views are directly from the Communist Manifesto by Karl Marx and Friedrich Engels. He's concerned about:
- The growing world population depleting the planet. (although he doesn't promote killing people off)
- The world's ability to produce enough food for the population.
- The obligation of the poor to provide for the rich. (redistribution of wealth)
- The belief that if we should spread our wealth around. Forcing the redistribution of wealth from the "have" nations to the "have not" nations. (U.S. companies moving overseas)
- The concept of private property will shift to consumer goods and services, but not land - all being in our public duty.
- The serious concern for global warming and the desire for a more sustainable means of living.
(YouTube link)
These people are not a group of whiners. It stems from the knowledge that the earth running out of resources and global warming is based on a lie, and it is all about the control of the population. Unfortunately, we're along for the ride!
"Effective execution of Agenda 21 will require a profound reorientation of all human society, unlike anything the world has ever experienced — a major shift in the priorities of both governments and individuals and an unprecedented redeployment of human and financial resources. This shift will demand that a concern for the environmental consequences of every human action be integrated into individual and collective decision-making at every level."
- UN Agenda 21
- UN Agenda 21
One last thought
One of the points in his book that I found especially disturbing are his comments on redistribution of wealth. He equated world missions with the redistribution of wealth. In a comment about Pat Robertson, one of the kings of world missions, Rifkin stated:
"...Robertson has gone much farther than the other electronic evangelists in advancing the issue of economic justice. In a recent edition in his newsletter to supporters, he called for a jubilee year, the cancellation of debts between rich and poor nations, and a greater concern over the need for all Christians to serve as good stewards, protecting God's creation and sharing God's resources equitably." (pg. 103)To clarify, I don't believe world missions are evil. There is a difference between sending cash to a world mission, and supporting a missionary family from your church. It is the desire of the missionary to reach a people group, whereas it is the objective of world mission to redistribute wealth.
Saturday, October 30, 2010
Icebreakers, ice, sledge dogs and penguins.
"Let's take the dogs out for a run, and see if we can link up with the Coast Guard ice breaker," said Chris Knott. "What ice breaker ? " I replied. " I heard from an American yesterday that an ice breaker is about 20 miles from McMurdo and should be here in a few days." This was November 1969 when Chris and I were at Scott Base in Antarctica. Chris was the dog handler and I was a science technician, and I used to run the second dog team for Chris. Here are a few photos and jottings.
We hitched up two teams of dogs, 12 on each team, and soon were speeding across the ice of McMurdo Sound and on our right the long finger of the Hut Point Peninsula with Castle Rock dominating, a good place to take a bearing off. The dogs were yelping with joy, having their first run for 5 days. Chris' team was pulling away from me, as I shouted to Mike and Kulak to pull harder.. We passed the winter quarters of Scott and then could see the Erebus Glacier Tongue in the distance, a good bearing en route to Cape Evans.
Mike and Kulak, Scott Base huskies. During the summer of 1969-70, they were the two best dogs on my team. Chris Knott used Rangi as his lead dog. Photo: Bob McKerrow
Chris Knott and his dog team were in front of me and I had to urge Kulak and Mike to pull harder, to catch up. Photo: Bob McKerrow
We glided across the sea ice, conscious of all that history of Scott, Shackleton, Mawson, Crean, David, Wilson, Oates, Bowers, Hillary, Bob Miller and all.......We had been travelling about 30 minutes, when we picked up an object on the horizon. It must be the Burton Island. The dogs got the scent of something, lifted their tails and pulled like Colin Meads with someone tugging his jersey. Having something on the horizon is what Antarctic huskies loved, as it gave them something to pull towards and they could pick up some smells of food. As we drew nearer we could make out the outline of a ship, and the sea ice was transmitting and amplifying the sound of the huge roaring engines of the ice breaker.
We put the sledge brakes on, slowed the dogs down and parked about 100 yards away. The dogs were in a frenzy. I walked round and gave them a little bit of 'how's your Father,' to quell the riot. Rangi licked my boots in an act of mock submission. By this time the crew had spotted us, the first sign of human life for some weeks. A bunch of icebreakermen thronged the rails and yelled at us, " Crazy Kiwi's" and invited us aboard. Not being able to resist, I shouted out, "Can we bring the dogs, and they drink only Jack Daniels?"
We staked the dogs to the ice very firmly, and they stopped the ice breaker, so we could climb up a ladder.Once aboard in the fuggy lounge, the ship started breaking ice, a big push forward, ram the ice, make a gain of 20 to 30 yads, then everse back and start the big push forward again. This monotonous routine went on day in and out, and turned the men into zombies, anticipating the ram, when they broke in a quickstep routine, and grabbed something firm, to stop them being flung across the room.
We had a few Jack Daniels, some food, and then back to the dogs. In those days there were no rules about drinking and driving at Scott Base, so we untied the dogs and headed back to the Base, so pleased we were young, carefree Kiwis, and not Navy Icebreakermen. I suppose that was something I appreciated in the leadership at Scott Base in those days. Bruce Willis, would test us all, give us little by little, more responsibility. Woe and betide if you broke his trust: no dog trips, no perks and punishment only a school principal can mete out. It was a great summer for me, sledging with Chris Knott and the dogs, accompanying scientists on their field work, rock climbing at Castle Rock under the midnight sun, skiing on the old rope tow, accompanying field parties of drop offs to remote parts of Antarctica so I would know the terrain in case of rescue, and our scientific work at Scott Base. Only 21 and all that responsibility .Another memorable dog sledge trips was to Cape Evans and Cape Royds, where we saw the historic huts of Scott and Shackleton, the penguin colony. But, a little about the Burton Island.
USS Burton Island (AG-88) was a United States Navy Wind-class icebreaker that was later re-commissioned as a United States Coast Guard icebreaker, USCGC Burton Island.
Burton Island was laid down on 15 March 1946 at the San Pedro shipyard of the Western Pipe and Steel Company, launched on 30 April, and commissioned 28 December with the identifier AG-88. She was named after an island near the coast of Delaware.
On 17 January 1947, Burton Island, loaded with supplies, steamed from San Diego to Ross Sea, Antarctica where it met with units of TF 68 on the first Antarctic Development project, Operation Highjump. After returning from Antarctica, Burton Island departed 25 July 1947 for the Point Barrow expedition to Alaska. From April 1948 to December 1956, Burton Island participated in 19 Arctic and Alaskan cruises, including Operation Windmill. Duties on the cruises varied including, supply activities, helicopter reconnaissance of ice flows, scientific surveys, underwater demolition surveys, and convoy exercises. In March 1949, Burton Island was designated AGB-1.
Burton Island, Atka (AGB-3), and Glacier (AGB-4) pushing an iceberg out of the channel in the "Silent Land" near McMurdo Station, Antarctica, 29 December 1965.
On 15 December 1966, the Navy transferred the vessel, along with all of its icebreakers, to the United States Coast Guard and it was renumbered WAGB-283. After its transfer, Burton Island was stationed at Long Beach, California and used for icebreaking operations. Starting in 1967 through 1978, Burton Island went on eight different Deep Freeze operations to the Antarctic. In the operations, Burton Island was responsible for creating and maintaining aids to navigation, clearing channels through the ice for supply vessels, and various other activities. In addition to Deep Freeze operations, Burton Island served as a floating platform for scientific surveys and research around Alaska and other isolated polar areas. Burton Island also conducted numerous SAR missions.
From October 1967 to April 1968 she participated in Operation Deep Freeze '68. From October 1968 to April 1969 she participated in Operation Deep Freeze '69. From November 1969 to April 1970 she participated in Operation Deep Freeze '70 and her accompanying icebreaker was disabled. From November 1970 to April 1971 she participated in Operation Deep Freeze '71 and again the accompanying icebreaker was disabled. From August to September 1971 she conducted an oceanographic survey along North Slope, Alaska. From February to March 1972 she conducted a scientific survey in Cook Inlet, Alaska. From November 1972 to April 1973 she participated in Operation Deep Freeze '73. From June to July 1973 she conducted oceanographic research in Alaskan waters. From November 1974 to April 1975 she participated in Operation Deep Freeze '75. From 13 November 1975 to 26 February 1976 she participated in Operation Deep Freeze '76. From July to September 1976 she deployed to the Arctic. From 9 November 1976 to 7 April 1977 she participated in Operation Deep Freeze '77.
She was decommissioned on 9 May 1978. I was honoured be on this ice-breaker even if only for a hour or more as she rammed, ploughed and broke Antarctic ice.
Two of the best: Rangi (left) and Oscar (right) 1969 Scott Base. Photo: Bob McKerrow
After heated newspapers debates in January 1986 when the DSIR’s Antarctic Division announced they were pulling the huskies out of Antarctica, not a lot has been written about them since. If you want to read more anout the New Zealand huskies in Antarctica, see this article I write: http://ladenladenfam.blogspot.com/2009/09/last-antarctic-huskies-from-scott-base.htm
In this article I attempt to give the full history of huskies that lived at Scott Base and played such a vital role in surveying and exploring the New Zealand sector of Antarctica.
Penguins at Cape Royds. Photos: Bob McKerrow
The adventure wasn't over. After the summer at Scott Base in 1969-70, I moved to Vanda Station in late January 1970, where I wintered over. That's another story. If you are interested, here's the link: http://ladenladenfam.blogspot.com/2010/06/mid-winters-vanda-station-antarctica-40.html.
TEA PARTY STANDS FOR FREEDOM
FREEDOM FROM WHAT?
It has become increasingly clear to me and many other people on the progressive side that these Teahadist-Republicans don’t know their ass from a hole in the ground. They keep touting that they stand for FREEDOM. But my question is: Freedom from what? What kind of freedom don’t they have right now they wish to have? Which is the freedom they are missing or stand to lose?
My argument is simply this: if they are elected and eventually are successful in incorporating all their insane and radical measures we will actually have LESS FREEDOM. Gone will be the freedom of the press, freedom of speech, freedom of choosing your public representative and freedom to pursue happiness.
In its place we will have: forced religion and one that is based on erroneous interpretations of the Scriptures, we would also be missing the ability to read balanced news because all the “liberal media” will have been decimated; we would not have freedom of speech because if you went to a public event you would be either arrested or thrown on the ground and have your head stomped on.
Ah, yes, if you are a woman you will no longer have freedom over your own body…you have to relinquish that to the Federal Government. If you are gay you will no longer have the freedom to be who you are because there will be penalties.
So what is this FREEDOM these Teahadist-Republicans are talking about? Perhaps it is limited to the freedom of the rich and the corporations to milk us out of any and every dollar, to force a kind of dependency on them to be fed, housed and clothed and just like the old time COMPANY STORE we would always be owing more to the company at the end of the month.
AND THE TEA PARTY IS NOT RADICAL ENOUGH, SO SAYS BILLY ROPER.
Billy Roper is a write-in candidate for governor of Arkansas and an unapologetic white nationalist.
"I don't want non-whites in my country in any form or fashion or any status," he says.
Roper also is a tea party member who says he has been gathering support for his cause by attending tea party rallies.
"We go to these tea parties all over the country," Roper said. "We're looking for the younger, potentially more radical people."
Stop hurting America – you are not very patriotic
Four questions for Republicans...and four answers for undecided voters
by Jed Lewison
Sat Oct 30, 2010 at 08:16:03 AM PDT
[Such a good reminder, we're going to run it once every day until the election. Susan]
“Questions:
- What was the average monthly private sector job growth in 2008, the final year of the Bush presidency, and what has it been so far in 2010?
- What was the Federal deficit for the last fiscal year of the Bush presidency, and what was it for the first full fiscal year of the Obama presidency?
- What was the stock market at on the last day of the Bush presidency? What is it at today?
- Which party's candidate for speaker will campaign this weekend with a Nazi reenactor who dressed up in a SS uniform?
Answers:
- In 2008, we lost an average of 317,250 private sector jobs per month. In 2010, we have gained an average of 95,888 private sector jobs per month. (Source) That's a difference of nearly five million jobs between Bush's last year in office and President Obama's second year.
- In FY2009, which began on September 1, 2008 and represents the Bush Administration's final budget, the budget deficit was $1.416 trillion. In FY2010, the first budget of the Obama Administration, the budget deficit was $1.291 trillion, a decline of $125 billion. (Source) Yes, that means President Obama has cut the deficit -- there's a long way to go, but we're in better shape now than we were under Bush and the GOP.
- On Bush's final day in office, the Dow, NASDAQ, and S&P 500 closed at 7,949, 1,440, and 805, respectively. Today, as of 10:15AM Pacific, they are at 11,108, 2,512, and 1,183. That means since President Obama took office, the Dow, NASDAQ, and S&P 500 have increased 40%, 74%, and 47%, respectively.
- The Republican Party, whose candidate for speaker, John Boehner, will campaign with Nazi re-enactor Rich Iott this weekend. If you need an explanation why this is offensive, you are a lost cause.
The moral of the story is this: if you vote Republican, I hope you enjoy Election Day -- because you're not going to like what comes next.”
I have taken this verbatim from an e-mail that was sent by http://www.dailykos.com/
I think it leaves no doubt as to what these elections that will take place in two short days are all about. Teahadist-Republicans in their myopic resolve to regain power have resorted to some of the most odious and unprecedented attacks in the history of politics. Yet there are some people out there who will be gullible enough to believe them and the lies that Fox tells them.
Be careful what you wish for because if these nut jobs are elected we are all in for a bumpy ride, and that does not exclude you Teahadist-Republicans. Unless you are in that top 2% who is now the new ruling oligarchy you will be affected in some way or another or in all ways and completely. What is most amazing to some of us as we observe your behavior is that you are defending something that is immoral and will have a negative effect on our country and on you.
What makes you think that the rich and the corporations will part with their money to benefit you in any way? You don’t have a pot to piss in or a window to throw it out of so stop the hate and the spreading of lies.
This post originally appeared here on Friday, October 29.
T 784/06 - "technical effect" reaches bioinformatics
laden ladenfam has been prompted by the EPLAW Patent Blog to read a recent EPO decision, who in turn have been prompted by none other than Stefan Steinbrener. This name will be familiar to all those who have been keeping a close watch on developments at the EPO leading up to the recent Enlarged Board decision of G 3/08 (commented on by Tufty here, among many others).
The decision, T 784/06 (currently available via the EPO register for application 95906094.8), relates to an application that was originally filed in 1994 for a method of automatic genotype detection. The method used probability distributions to determine a particular genotype at a locus within genetic material obtained from a biological sample. The actual invention, however, was really all about a mathematical method carried out on a computer, which allowed the probability distributions to be assessed and a result obtained. If this is all starting to resemble the invention in Vicom, you are already on the right lines.
(Right: the code in question. Can you make any sense of it?)
As a result of the mixture of 'technical' and 'non-technical' features in the claimed invention, the Board took into account the type of analysis normally carried out for computer-implemented inventions. The applicant argued that the mathematical parts of the claim contributed to the technical effect of the invention, and should therefore be taken into account when assessing inventive step. The opponent, however, argued that the mathematical parts "did not require any further technical considerations" and were to be disregarded in the assessment of inventive step.
The Board considered that the correct assessment to be made was that from decisions such as T 641/00 (Comvik) and T 154/04 (Duns Licensing), both of which related to computer-implemented inventions. The question to be answered was whether the claimed invention in the field of biotechnology having a mix of technical and non-technical features could be inventive. Non-technical features such as mental activities could be taken into account when assessing inventive step, provided they "interact with the technical subject matter of the claim for solving a technical problem and thereby contribute to the technical character of the claimed subject matter" (reasons, point 4). For assessing inventive step therefore, the question was whether the mental activity steps of the claimed invention interacted with the technical activity part to yield a tangible technical result. The applicant argued that they did, and the opponent that they did not.
All this was, as far as laden ladenfam was concerned, quite conventional and straightforward. The Board, however, then threw something of a googlie in deciding that the non-technical steps were only generally formulated and not well described in the specification. The specification did not provide a reasonably complete and sufficient description of the software, and this was not remedied by the mathematical formulae or the extract of code provided. As a result, no interaction could be established between the mental activity steps of the claims and the technical part, and these steps could be ignored when assessing inventive step. The claimed invention therefore lacked an inventive step, since the technical part was disclosed in documents cited during proceedings. The patent was revoked.
(Left: Or perhaps the real invention was just too simple?)
laden ladenfam thinks that this is decision is an important one, but perhaps not as important as it could have been. The Board's reasoning relating to the non-technical parts of the claims being insufficiently described seems to be a bit unusual, and tends to put the whole decision in a strange light. laden ladenfam suspects that the Board had decided that the claimed invention should not be allowed but were struggling to find sound reasons to reject it in light of the arguments presented. However, the decision highlights at least two important points. Firstly, that the case law relating to computer-implemented inventions can certainly be applied to the field of bioinformatics. Just because an invention is classified in the biotech field does not mean that the invention has to be assessed according to the case law relating only to that field. Secondly, if an invention is to rely on computer-based processing steps including mathematical methods then the disclosure needs to be as full as possible, and preferably described in a way that makes it understandable to someone outside the field of software coding. A few lines of impenetrable computer code and a couple of equations does not necessarily amount to a sufficient disclosure of the invention. laden ladenfam, who also could not make much sense of the invention as disclosed in the specification, wonders whether a different outcome could have been obtained if it had been more fully described or simply better explained.
The decision, T 784/06 (currently available via the EPO register for application 95906094.8), relates to an application that was originally filed in 1994 for a method of automatic genotype detection. The method used probability distributions to determine a particular genotype at a locus within genetic material obtained from a biological sample. The actual invention, however, was really all about a mathematical method carried out on a computer, which allowed the probability distributions to be assessed and a result obtained. If this is all starting to resemble the invention in Vicom, you are already on the right lines.(Right: the code in question. Can you make any sense of it?)
As a result of the mixture of 'technical' and 'non-technical' features in the claimed invention, the Board took into account the type of analysis normally carried out for computer-implemented inventions. The applicant argued that the mathematical parts of the claim contributed to the technical effect of the invention, and should therefore be taken into account when assessing inventive step. The opponent, however, argued that the mathematical parts "did not require any further technical considerations" and were to be disregarded in the assessment of inventive step.
The Board considered that the correct assessment to be made was that from decisions such as T 641/00 (Comvik) and T 154/04 (Duns Licensing), both of which related to computer-implemented inventions. The question to be answered was whether the claimed invention in the field of biotechnology having a mix of technical and non-technical features could be inventive. Non-technical features such as mental activities could be taken into account when assessing inventive step, provided they "interact with the technical subject matter of the claim for solving a technical problem and thereby contribute to the technical character of the claimed subject matter" (reasons, point 4). For assessing inventive step therefore, the question was whether the mental activity steps of the claimed invention interacted with the technical activity part to yield a tangible technical result. The applicant argued that they did, and the opponent that they did not.
All this was, as far as laden ladenfam was concerned, quite conventional and straightforward. The Board, however, then threw something of a googlie in deciding that the non-technical steps were only generally formulated and not well described in the specification. The specification did not provide a reasonably complete and sufficient description of the software, and this was not remedied by the mathematical formulae or the extract of code provided. As a result, no interaction could be established between the mental activity steps of the claims and the technical part, and these steps could be ignored when assessing inventive step. The claimed invention therefore lacked an inventive step, since the technical part was disclosed in documents cited during proceedings. The patent was revoked.
laden ladenfam thinks that this is decision is an important one, but perhaps not as important as it could have been. The Board's reasoning relating to the non-technical parts of the claims being insufficiently described seems to be a bit unusual, and tends to put the whole decision in a strange light. laden ladenfam suspects that the Board had decided that the claimed invention should not be allowed but were struggling to find sound reasons to reject it in light of the arguments presented. However, the decision highlights at least two important points. Firstly, that the case law relating to computer-implemented inventions can certainly be applied to the field of bioinformatics. Just because an invention is classified in the biotech field does not mean that the invention has to be assessed according to the case law relating only to that field. Secondly, if an invention is to rely on computer-based processing steps including mathematical methods then the disclosure needs to be as full as possible, and preferably described in a way that makes it understandable to someone outside the field of software coding. A few lines of impenetrable computer code and a couple of equations does not necessarily amount to a sufficient disclosure of the invention. laden ladenfam, who also could not make much sense of the invention as disclosed in the specification, wonders whether a different outcome could have been obtained if it had been more fully described or simply better explained.
IF YOU ARE RELIGIOUS…PRAY FOR AMERICA
IF YOU ARE LIKE I AM…AGNOSTIC…FIGHT UNTIL YOU DROP
But under no circumstances let these Republican-Tea-Baggers get away with the crap they have so far gotten away with and has produced a backlash of uneducated, misinformed, gullible marionettes that would go out to the streets carrying misspelled signs to support a rich class they will never be a part of and people who have no alternative solutions other than anarchy and the dismantling of our society.
People, please, listen to me…this is a plea from the heart…I have seen this once before in my native country. The Fidelistas were carrying on against government in much the same fashion that these Tea-baggers are doing in America today…they offered no alternatives, no ideas, no solutions…and ours was a corrupt, imperfect society and government just like in America.
However, we were not so divided in Cuba and the divisions were only along the economic classes …it was the very rich trying to be richer and keep the general population poor. Here in America we are also divided along color lines, economic classes, religious affiliation and ethnic origin. If that was not enough we are also divided in a homophobic struggle by the Evangelicals to force upon the rest of the population their askew interpretations of the Scriptures and the resolve to turn America into a theocracy.
Alan Grayson says:
“Isn't it about time that someone told the truth about the Ridiculous Right? The berserk, bizarre, bonkers, crazy, delirious, demented, drooling, farcical, flipped-out, lunatic, off-the-wall, nutty, unhinged, weird and wild psychos, dullards and tools who have taken over the Republican Party?
Not just tell the truth about Sharron "Obtuse" Angle. Not just tell the truth about Christine "Used To Be a Witch, But It Didn't Pay Well" O'Donnell. But tell the truth and expose someone who doesn't get all the national media, even though he's just as wacko as all the others?”
Think about it for a moment, take a deep breath and ask yourself if any of these radical right wing assholes would have been considered anything other than nuts in other times. How long is this crap going to continue? If this is the shape of things to come, please feel sorry for our nation…there is no light at the end of the tunnel…pray if you are religious and if you are not, fight like hell to prevent this from continuing to happen.
TO VOTE FOR SOMEBODY WHO DROVE A MAJOR CORPORATION TO THE GROUND
I WOULDN’T VOTE FOR FRANK LORENZO IF HE WAS RUNNING FOR DOG CATCHER…OR CARLY FIORINA FOR THAT MATTER
I remember it all too well; I was filled with excitement because after having been replaced by a computer from my technical illustrator job I had interviewed with Eastern Airlines and was hired on the spot. They needed somebody like myself who spoke several languages and I spoke four as well as having a college degree.
I was told to wait for the contract and all the paperwork in the mail the following week and I went home thinking that I was going to have a career with an airline…my dream of traveling and having a well paying job would come true.
I waited and nothing came in the mail; but I did see the news that Eastern was laying off hundreds of employees. Then the other shoe dropped: Eastern was bankrupt and would cease to exist. Everyone spoke about the reasons: some blamed the unions, other the competition for lower fares but one came across loud and clear…it was the actions of Frank Lorenzo that sealed the fate of the airline. Mr. Lorenzo played an active role in the US aviation industry, particularly after its deregulation in 1978. The Lorenzo team engineered the acquisition and turnaround of several carriers, as well as the start-up of New York Air, Inc., in 1980. In addition, in the 1980’s the team was responsible for the creation of the modern-day Continental Airlines with its well-located hubs and efficient cost structure.
The public, however, just wanted cheap fares. Unable to keep up, in 1986, Borman sold the airline to Frank Lorenzo. Under Lorenzo's tenure, Eastern was crippled by severe labor unrest. Asked to accept deep cuts in benefits, Eastern's machinists striked. Lorenzo sold Eastern's shuttle service to real estate magnate Donald Trump in 1989.
Unable to keep up, Borman agreed to the sale of the airline in 1986 to Texas Air, led by Frank Lorenzo. Lorenzo (who was named as one of Time Magazine's 10 "worst bosses of the century") was known as a ruthless corporate raider and union buster. He had already purchased Continental and lost a bidding war for TWA to Carl Icahn.
On January 13, 1982, Air Florida Flight 90 crashed into Washington, DC's 14th Street Bridge and fell into the Potomac River shortly after taking off. A total of 70 passengers, 4 crew, and 4 motorists on the bridge were killed. The crash was due to an anti-icing system being left off, which caused an inaccurately high engine pressure ratio (EPR) indication at an extremely low power setting, and the crew's failure to either abort the takeoff or apply maximum engine power. The crash prompted modifications to Air Florida's pilot training regarding anti-ice systems. The FAA also required revised aircraft de-icing procedures at airports.
The current Republican nominee for the United States Senate representing California. Fiorina served as chief executive officer of Hewlett-Packard from 1999 to 2005 and previously was an executive at AT&T and its equipment and technology spinoff, Lucent. She currently serves on the boards of several organizations.
Fiorina was considered one of the most powerful women in business during her tenure at Lucent and Hewlett-Packard. The spinoff, from HP, of Agilent Technologies – which had been initiated by her predecessor, Lew Platt – was completed shortly after she joined the company in 1999. Under her leadership, in 2002, the company completed a contentious merger with rival computer company Compaq. In 2005, Fiorina resigned as CEO of Hewlett-Packard.
HP wanted to use Compaq’s purchase of DEC in 1998 to give it some more advantages in the services field.
Unfortunately, the merger didn’t wind up going as smoothly as HP had hoped. So badly in fact, that it was one of the key reasons why then-CEO Carly Fiorina was driven from power and the company was nearly lead to a breakup. You can see how badly it went from some of the headlines on News.com about HP since 2001:
What is not mentioned in any of the articles I have read so far both for Frank Lorenzo and Carly Fiorina is that both these CEOs walked away with millions of dollars from the dissolution of several airlines for Lorenzo and for Fiorina after she was driven from power.
You see, both Lorenzo and Fiorina were terrible CEOs…they were…shall we dare say…INCOMPETENT? But what they were good at was being LIQUIDATORS and in the process secured some very generous severance packages and golden parachutes.
Thousands of people lost their jobs due to the incompetence and greed of these individuals…would you vote for either one if they ran for office? Fiorina is is running.
SOURCE: http://www.savoycap.com/mgmt.htm
http://en.wikipedia.org/wiki/Carly_Fiorina
http://wapedia.mobi/en/Eastern_Air_Lines#1.
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