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Patently Unconstitutional: The Geographical Limitation On Prior Art In A Small World, Margo A. Bagley Jan 2003

Patently Unconstitutional: The Geographical Limitation On Prior Art In A Small World, Margo A. Bagley

Faculty Articles

Part I of this Article provides an overview of § 102 of the Patent Act, the role of prior art in the patentability analysis, and the origin of the limitation on relevant non-patent, nonpublished art to that existing "in this country." Part II then analyzes the constitutional deficiency of the limitation in light of the express and implied purposes of the Intellectual Property Clause as informed by judicial decisions, technological changes, global contraction, and expanded notions of inventive research sources. Policy concerns are the focus of Part III, which discusses how § 102's geographical limitation facilitates forms of "biopiracy," conflicts …


A New Geographic Locality And Three New Host Records For Neobenedenia Melleni (Maccallum) (Monogenea: Capsalidae), Stephen A. Bullard, Robert J. Goldstein, Richard Hocking, Jack Jewell Jan 2003

A New Geographic Locality And Three New Host Records For Neobenedenia Melleni (Maccallum) (Monogenea: Capsalidae), Stephen A. Bullard, Robert J. Goldstein, Richard Hocking, Jack Jewell

Gulf and Caribbean Research

A new geographic locality record and three new host records for Neobenedenia melleni (MacCallum, 1921) (Monogenea: Capsalidae) are provided. Specimens of N. melleni were collected from the skin of three Florida pompano, Trachinotus carolinus (Linnaeus, 1166)(Carangidae),caught in the northern Gulf of Mexico off Horn Island, Mississippi; from the skin of a bluering angelfish, Pomacanthus annularis (Bloch, 1157) (Pomacanthidae), in the Shark Reef Aquarium at Mandalay Bay, Las Vegas, Nevada; from the skin of a rock greenling, Hexagrammos lagocephalus (Pallas, 1810) (Hexagrammidae), in the Alaska SeaLife Center, Seward, Alaska; and from the skin of two blue-barred ribbon gobies, Oxymetopon cyanoctenosum Klausewitz …


Table Of Contents Jan 2003

Table Of Contents

Journal of the South Carolina Academy of Science

No abstract provided.


Assessment Of Potential Environmental Impacts Of Nature-Based Tours Originating Within Clark County, Nevada, Beth Domowicz Jan 2003

Assessment Of Potential Environmental Impacts Of Nature-Based Tours Originating Within Clark County, Nevada, Beth Domowicz

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this thesis was to assess the potential magnitude of negative environmental damage of nature-based tours originating in Clark County, Nevada. An ordinal ranking system was used for assessment of five variables. These variables were resource use, noise pollution, soil degradation, vegetation degradation, and wildlife disturbance. There were two proposed answers. The first was that as distance increased, negative tour impact would increase. This was not supported, since tours had high impacts for destinations that were close by and far away. The second was that most tours were not causing high damage to the environment. This hypothesis was …


Alteration Of Soil Water Content Consequent To Root-Pruning At A Windbreak/Crop Interface In Nebraska, Usa, Qingjiang Hou, James R. Brandle, Kenneth Hubbard, Michele Schoneberger, Carlos Nieto, Charles A. Francis Jan 2003

Alteration Of Soil Water Content Consequent To Root-Pruning At A Windbreak/Crop Interface In Nebraska, Usa, Qingjiang Hou, James R. Brandle, Kenneth Hubbard, Michele Schoneberger, Carlos Nieto, Charles A. Francis

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

Root-pruning is generally recommended as an appropriate treatment to reduce competition for soil water and/or nutrients and suppression of crop yield in areas adjacent to windbreaks. Several recent studies suggest, however, that factors other than soil water might be causing yield reduction at the interface. For two consecutive years, we evaluated root-pruning effects on soil water at the windbreak/crop interface under both cropped (soybean [Glycine max (L) Merr.] variety ‘Iroquois’, 1997) and non-cropped (1998) conditions in Mead, Nebraska, USA. Volumetric soil water content near the windbreaks was systematically measured at various soil depths, distances from the windbreak, …


The Turn Of The Sword: Length Increases Male Swimming Costs In Swordtails, Alexandra Basolo, Giollermina Alcaraz Jan 2003

The Turn Of The Sword: Length Increases Male Swimming Costs In Swordtails, Alexandra Basolo, Giollermina Alcaraz

School of Biological Sciences: Faculty Publications

Sexual selection via female mate choice can result in the evolution of elaborate male traits that incur substantial costs for males. Despite increased interest in how female mating preferences contribute to the evolution of male traits, few studies have directly quantified the locomotor costs of such traits. A sexually selected trait that could affect movement costs is the sword exhibited by male swordtail fishes: while longer swords may increase male mating success, they could negatively affect the hydrodynamic aspects of swimming activities. Here, we examine the energetic costs of the sword in Xiphophorus montezumae by experimentally manipulating sword length and …


Bats Of Nevis, Northern Lesser Antilles, Scott C. Pedersen, Hugh H. Genoways, Matthew N. Morton, James W. Johnson, Siân E. Courts Jan 2003

Bats Of Nevis, Northern Lesser Antilles, Scott C. Pedersen, Hugh H. Genoways, Matthew N. Morton, James W. Johnson, Siân E. Courts

University of Nebraska State Museum: Mammalogy Papers

Only one species of bat, Molossus molossus, previously has been documented as occurring on the northern Lesser Antillean island of Nevis. Field research and reviews of existing museum collections have provided documentation based on voucher specimens for an additional seven species occurring on the island — Noctilio leporinus, Brachyphylla cavernarum, Monophyllus plethodon, Ardops nichollsi, Artibeus jamaicensis, Natalus stramineus, and Tadarida brasiliensis. The biological diversity of the chiropteran fauna on Nevis is similar to that found on other islands in the northern Lesser Antilles. Ecologically, this is a simple chiropteran fauna, including one …


Characterization Of Escherichia Coli O157:H7 From Downer And Healthy Dairy Cattle In The Upper Midwest Region Of The United States, C. M. Byrne, I. Erol, J. E. Call, C. W. Kaspar, D. R. Buege, C. J. Hiemke, P. J. Fedorka-Cray, Andrew K. Benson, F. M. Wallace, J. B. Luchansky Jan 2003

Characterization Of Escherichia Coli O157:H7 From Downer And Healthy Dairy Cattle In The Upper Midwest Region Of The United States, C. M. Byrne, I. Erol, J. E. Call, C. W. Kaspar, D. R. Buege, C. J. Hiemke, P. J. Fedorka-Cray, Andrew K. Benson, F. M. Wallace, J. B. Luchansky

Department of Food Science and Technology: Faculty Publications

While cattle in general have been identified as a reservoir of Escherichia coli O157:H7, there are limited data regarding the prevalence and clonality of this pathogen in downer dairy cattle and the potential impact to human health that may occur following consumption of meat derived from downer dairy cattle. In the present study, conducted at two slaughter facilities in Wisconsin between May and October of 2001, we established a higher prevalence of E. coli O157:H7 in fecal and/or tissue samples obtained aseptically from intact colons of downer dairy cattle (10 of 203, 4.9%) than in those from healthy dairy cattle …


"Autapomorphies Of The Endophragmal System In Trichodactylid Freshwater Crabs" , Richard V. Sternberg, Neil Cumberlidge Jan 2003

"Autapomorphies Of The Endophragmal System In Trichodactylid Freshwater Crabs" , Richard V. Sternberg, Neil Cumberlidge

Journal Articles

No abstract provided.


Multiple Transporters Associated With Malaria Parasite Responses To Chloroquine And Quinine, Jianbing Mu, Michael T. Ferdig, Xiaorong Feng, Deirdre A. Joy, Junhui Duan, Tetsuya Furuya, G. Subramanian, L. Aravind, Roland A. Cooper, John C. Wootton, Momia Xiong, Xin-Zhuan Su Jan 2003

Multiple Transporters Associated With Malaria Parasite Responses To Chloroquine And Quinine, Jianbing Mu, Michael T. Ferdig, Xiaorong Feng, Deirdre A. Joy, Junhui Duan, Tetsuya Furuya, G. Subramanian, L. Aravind, Roland A. Cooper, John C. Wootton, Momia Xiong, Xin-Zhuan Su

Biological Sciences Faculty Publications

Mutations and/or overexpression of various transporters are known to confer drug resistance in a variety of organisms. In the malaria parasite Plasmodium falciparum, a homologue of P-glycoprotein, PfMDR1, has been implicated in responses to chloroquine (CO), quinine (ON) and other drugs, and a putative transporter, PfCRT, was recently demonstrated to be the key molecule in CO resistance. However, other unknown molecules are probably involved, as different parasite clones carrying the same pfcrt and pfmdr1 alleles show a wide range of quantitative responses to CO and ON. Such molecules may contribute to increasing incidences of ON treatment failure, the molecular basis …


Birds, Landslides And Pastures: A Biogeographic Conundrum, Mark R. Welford Jan 2003

Birds, Landslides And Pastures: A Biogeographic Conundrum, Mark R. Welford

Earth, Environment & Sustainability: Faculty Presentations (1988-2022)

No abstract provided.


Dark Wilderness A Phenomenological Exploration Of The Idea Of Cave Wilderness, Patricia E. Seiser Jan 2003

Dark Wilderness A Phenomenological Exploration Of The Idea Of Cave Wilderness, Patricia E. Seiser

Graduate Theses, Dissertations, and Problem Reports (ETD)

It has been almost forty years since the passage of the 1964 Wilderness Act and the establishment of the National Wilderness Preservation System. Forty years later, we still have not seen a wilderness that is not a surface environment. There exist neither subterranean nor marine wilderness areas. Efforts on behalf of cave wilderness have focused on the 1964 Wilderness Act legal definition of wilderness. Perhaps what is required is a different concept for the establishment of cave wilderness. This study explored the idea of cave wilderness from a human dimension perspective, via focus groups, using stakeholders from two cave regions …


Comparative Studies Of Evolutionary Responses To Light Environments In Arabidopsis, Massimo Pigliucci, Heidi Pollard, Mitchell B. Cruzan Jan 2003

Comparative Studies Of Evolutionary Responses To Light Environments In Arabidopsis, Massimo Pigliucci, Heidi Pollard, Mitchell B. Cruzan

Biology Faculty Publications and Presentations

In this article, we compare the reaction norms to foliage shade (changes in light quality, spatially fine-grained environmental variation) and photoperiod (day length, spatially coarse-grained environmental variation) in several haplotypes of Arabidopsis thaliana from Scandinavia. We found that both across-environment means and phenotypic plasticities evolved continuously and very rapidly within this group. Both character means and trait plasticities were highly integrated, in part as predicted by the adaptive plasticity hypothesis for response to foliage shade (the so-called shade-avoidance syndrome). We found that a significant but small fraction of the variance in across-treatment trait means and plasticities in response to one …


Selection And Culture Of Landscape Plants In Utah: A Guide For High Mountain Valleys, Larry Rupp, William A. Varga, Teresa A. Cerny, Chad R. Reid, Michael R. Kuhns Dec 2002

Selection And Culture Of Landscape Plants In Utah: A Guide For High Mountain Valleys, Larry Rupp, William A. Varga, Teresa A. Cerny, Chad R. Reid, Michael R. Kuhns

CWEL Extension Fact Sheets

No abstract provided.


Historical Changes In Mid-Water Stands Of Common Reed In The Winnebago Pool Lakes, Wisconsin, Anthony O. Gabriel, Leo R. Bodensteiner Dec 2002

Historical Changes In Mid-Water Stands Of Common Reed In The Winnebago Pool Lakes, Wisconsin, Anthony O. Gabriel, Leo R. Bodensteiner

All Faculty Scholarship for the College of the Sciences

Despite the tolerance of common reed grass to environmental extremes, mid-water stands in the Winnebago pool lakes of central Wisconsin appear to be diminishing. Formerly occupying shoreline locations, water level manipulations subsequent to dam construction beginning in the 1850's have isolated reed stands off shore. These stands have persisted but casual observations indicate that stand size has been declining. To address this perception we obtained an approximately decadal series of aerial photographs dating back to 1937 for four stands in Lake Poygan. Annual records were available for 1986–94. Using image analysis software, we determined shape and size metrics. Changes in …


Contrasting Patterns Of Divergence In Quantitative Traits And Neutral Dna Markers: Analysis Of Clinal Variation, Jay F. Storz Dec 2002

Contrasting Patterns Of Divergence In Quantitative Traits And Neutral Dna Markers: Analysis Of Clinal Variation, Jay F. Storz

Jay F. Storz Publications

Clinal variation in quantitative traits is often attributed to the effects of spatially varying selection. However, identical patterns can be produced by the interplay between purely stochastic processes (i.e. drift in combination with spatially restricted gene flow). One means of distinguishing between adaptive and nonadaptive causes of geographical variation is to compare relative levels of between population divergence in quantitative traits and neutral DNA markers. Such comparisons can be used to test whether levels of trait divergence attributable to additive genetic effects (as measured by QST) exceed null expectations based on the level of divergence at neutral marker …


Effect Of Processing Conditions On Microstructure Of Milk Fat Fraction/Sunflower Oil Blends., Silvana Martini, M. L. Herrera, R. W. Hartel Nov 2002

Effect Of Processing Conditions On Microstructure Of Milk Fat Fraction/Sunflower Oil Blends., Silvana Martini, M. L. Herrera, R. W. Hartel

Nutrition, Dietetics, and Food Sciences Faculty Publications

The effect of processing conditions on the crystallization of blends of a high-melting milk fat fraction and sunflower oil was investigated. Two cooling rates were selected for all studies: 0.1°C/min (slow rate) and 5.5°C/min (fast rate). Blends were crystallized in two conditions: (i) with agitation in an 80-mL crystallizer (dynamic), and (ii) on a microscope slide without agitation (static). The selected crystallization temperatures were 25, 30, and 35°C for both cooling rates. Photographs of the development of crystals with time were taken in both static and dynamic conditions, and the crystal size distribution was determined at the moment that the …


Extended Visions September-October 2002 Oct 2002

Extended Visions September-October 2002

Extended Visions Newsletter (ARDC)

No abstract provided.


The Development Of A Multipurpose Trap (The Nzi) For Tsetse And Other Biting Flies, S. Mihok Oct 2002

The Development Of A Multipurpose Trap (The Nzi) For Tsetse And Other Biting Flies, S. Mihok

All Peer-Reviewed Publications

New trap designs for tsetse (Glossinidae), stable flies (Muscidae: Stomoxyinae), and horse flies (Tabanidae) were tested in Kenya to develop a multipurpose trap for biting flies. Many configurations and colour/fabric combinations were compared to a simplified, blue-black triangular trap to identify features of design and materials that result in equitable catches. New designs were tested against conventional traps, with a focus on Glossina pallidipes Austen and G. longipennis Corti, Stomoxys niger Macquart, and Atylotus agrestis (Wiedemann). A simple design based on minimal blue and black rectangular panels, for attraction and contrast, with a trap body consisting of an innovative configuration …


Red Rock Desert Learning Center & Wild Horse And Burro Facility: Oliver Ranch Feasibility Study, Yosemite National Institutes Aug 2002

Red Rock Desert Learning Center & Wild Horse And Burro Facility: Oliver Ranch Feasibility Study, Yosemite National Institutes

Oliver Ranch Project

Yosemite National Institutes, a private, non-profit national environmental education leader, has been running successful residential science programs in national parks for 30 years in partnership with the National Park Service. The mission of YNI is to provide educational adventures in nature's classroom to inspire a personal connection to the natural world and responsible actions to sustain it. Early in 2000 in Las Vegas, a new organization, the Outside Las Vegas Foundation (OLVF), was forming. The OLVF is dedicated to preserving the federal public lands surrounding Las Vegas, enriching the experience of its visitors, enhancing the quality of life for local …


Mitochondrial Dna And The Origins Of The Domestic Horse, Thomas Jansen, Peter Forster, Marsha Levine, Hardy Oelke, Matthew Hurles, Colin Renfrew, Jürgen Weber, Klaus Olek Aug 2002

Mitochondrial Dna And The Origins Of The Domestic Horse, Thomas Jansen, Peter Forster, Marsha Levine, Hardy Oelke, Matthew Hurles, Colin Renfrew, Jürgen Weber, Klaus Olek

Genetics Collection

The place and date of the domestication of the horse has long been a matter for debate among archaeologists. To determine whether horses were domesticated from one or several ancestral horse populations, we sequenced the mitochondrial D-loop for 318 horses from 25 oriental and European breeds, including American mustangs. Adding these sequences to previously published data, the total comes to 652, the largest currently available database. From these sequences, a phylogenetic network was constructed that showed that most of the 93 different mitochondrial (mt)DNA types grouped into 17 distinct phylogenetic clusters. Several of the clusters correspond to breeds and/or geographic …


The Heat-Shock Response: Its Variation, Regulation And Ecological Importance In Intertidal Gastropods (Genus Tegula), Lars Tomanek Aug 2002

The Heat-Shock Response: Its Variation, Regulation And Ecological Importance In Intertidal Gastropods (Genus Tegula), Lars Tomanek

Biological Sciences

The enhanced synthesis of heat-shock proteins (hsps), called the heat-shock (or stress) response, is activated when environmental stress denatures proteins. Hsp synthesis is activated at the upper temperatures of an organism's thermal range and is therefore thought to be critical for enhancing thermal tolerance limits in ectothermic animals. Here I show that the two temperate sister species T. brunnea and T. montereyi that occupy the subtidal and low-intertidal zone differ from the low- to mid-intertidal T. funebralis (and the subtropical mid-intertidal T. rugosa) in (i) heat tolerance, (ii) the onset temperature of their main hsp, hsp70 (70 kDa), (iii) …


Estimating Population Numbers Of Black Bears (Ursus Americanus) In Eastern Kentucky Using Microsatellite Analysis, Kelly Vowels Aug 2002

Estimating Population Numbers Of Black Bears (Ursus Americanus) In Eastern Kentucky Using Microsatellite Analysis, Kelly Vowels

Masters Theses & Specialist Projects

Black bears (Ursus americanus) occur sporadically in eastern Kentucky, and there is some evidence that a breeding population exists. In order to establish management practices to enhance the black bear population in Kentucky, information about this population is needed. However, until recently, no population size estimate has been available. Gathering information on black bears is difficult because black bears are elusive animals. The development of new molecular methods has made it easier to track and gather information on black bear populations, including estimates of population size. Molecular markers are particularly useful in that they do not require physical contact with …


Extended Visions July-August 2002 Aug 2002

Extended Visions July-August 2002

Extended Visions Newsletter (ARDC)

No abstract provided.


Genetic Evidence For Long-Term Population Decline In A Savannah Dwelling Primate: Inferences From A Hierarchical Bayesian Model, Jay F. Storz, Mark A. Beaumont, Susan C. Alberts Jul 2002

Genetic Evidence For Long-Term Population Decline In A Savannah Dwelling Primate: Inferences From A Hierarchical Bayesian Model, Jay F. Storz, Mark A. Beaumont, Susan C. Alberts

Jay F. Storz Publications

The purpose of this study was to test for evidence that savannah baboons (Papio cynocephalus) underwent a population expansion in concert with a hypothesized expansion of African human and chimpanzee populations during the late Pleistocene. The rationale is that any type of environmental event sufficient to cause simultaneous population expansions in African humans and chimpanzees would also be expected to affect other codistributed mammals. To test for genetic evidence of population expansion or contraction, we performed a coalescent analysis of multilocus microsatellite data using a hierarchical Bayesian model. Markov chain Monte Carlo (MCMC) simulations were used to estimate …


Genetic Differentiation Of Rare And Common Varieties Of Eriogonum Shockleyi (Polygonaceae) In Idaho Using Issr Variability, James F. Smith Jul 2002

Genetic Differentiation Of Rare And Common Varieties Of Eriogonum Shockleyi (Polygonaceae) In Idaho Using Issr Variability, James F. Smith

Biology Faculty Publications and Presentations

Idaho populations of Eriogonum shockleyi are divided taxonomically into 2 varieties: E. shockleyi var. packardae , which is endemic to Idaho, and the typical variety, which is widespread in the western United States. Recent morphological investigations of E. shockleyi in Idaho have identified potentially reliable morphological characters for field identification of the subspecific taxa. This paper investigates the genetic basis for the separation of the 2 varieties of E. shockleyi using inter simple-sequence repeats (ISSR) markers. Although we found some morphological differences between the populations that correlated with the 2 varieties, we identified no molecular markers in this study to …


Challenges, Strategies, And Tools For Research Scientists: Using Web-Based Information Resources, Danielle Bodrero Hoggan Jul 2002

Challenges, Strategies, And Tools For Research Scientists: Using Web-Based Information Resources, Danielle Bodrero Hoggan

E-JASL: Electronic Journal of Academic and Special Librarianship (1999-2009, Volumes 1-10)

Scientists face many challenges in harnessing web-based resources. Information overload, misinformation, fees, poorly designed navigation, and loss of browsability all hamper the scientist searcher. In addition, many scientists rely on only one or two databases and often miss unique information that is available through other sources. Librarians can team up with scientists to develop strategies to overcome the challenges of web-based information. For example, a librarian can teach effective information seeking techniques, including how to use controlled vocabularies, how to evaluate information on the web, and how to complement web-based resources with print resources. Librarians can also help scientists to …


A Vascular Flora Of Choccolocco Creek: Calhoun, Cleburne, And Talladega Counties, Alabama, Loretta Richardson Weninegar Jul 2002

A Vascular Flora Of Choccolocco Creek: Calhoun, Cleburne, And Talladega Counties, Alabama, Loretta Richardson Weninegar

Theses

A study of the vascular flora of the wetland species of Choccolocco Creek, its floodplain, and other sensitive areas within the Choccolocco Creek watershed was conducted from March 1994 to May 2002. The creek, which originates in the Talladega National Forest in Cleburne County, is located in northeast Alabama. It flows in a south/southwest direction along the eastern border of Calhoun County and across northern Talladega County to its confluence with Logan Martin Lake near Talladega, Alabama. The floodplain occupies 6,514.67 hectares of the watershed that consists of 97,128 hectares of land in the three county study area.

The bulk …


The Language Of Horticulture, Larry A. Sagers Jun 2002

The Language Of Horticulture, Larry A. Sagers

All Archived Publications

No abstract provided.


Extent Of Digestion Affects The Success Of Amplifying Human Dna From Blood Meals Of Anopheles Gambiae (Diptera: Culicidae), W. R. Mukabana, W. Takken, P. Seda, G. F. Killeen, W. A. Hawley, B. G.J. Knols Jun 2002

Extent Of Digestion Affects The Success Of Amplifying Human Dna From Blood Meals Of Anopheles Gambiae (Diptera: Culicidae), W. R. Mukabana, W. Takken, P. Seda, G. F. Killeen, W. A. Hawley, B. G.J. Knols

All Peer-Reviewed Publications

The success of distinguishing blood meal sources of Anopheles gambiae Giles through deoxyribonucleic acid (DNA) profiling was investigated by polymerase chain reaction (PCR) amplification at the TC-11 and VWA human short tandem repeats (STR) loci. Blood meal size and locus had no significant effect on the success of amplifying human DNA from blood meals digested for 0, 8, 16, 24 and 32 h (P = 0.85 and 0.26 respectively). However, logistic regression found a significant negative relationship between time since ingestion and the success probability of obtaining positive PCR products among meals digested for between 8 and 32 h (P …