Digital Commons Network^™

Express Warranties And Published Information Content Under Article 2b: Does The Shoe Fit?, 16 J. Marshall J. Computer & Info. L. 337 (1998), Joel R. Wolfson

UIC John Marshall Journal of Information Technology & Privacy Law

Buyers and Sellers of goods make all kinds of statements to each other about the nature of the contract between them. They make promises and state conditions that relate to price, quantity, means of delivery, remedies, repairs and maintenance, and a whole host of other terms. Interestingly, Section 2-313 of Article 2 of the Uniform Commercial Code ("U.C.C.") takes one kind of statement, express warranties, and treats it in a very special manner. This article will examine the reason for this different treatment and ask whether such different treatment should be extended into the draft of Section 2B-402, Express Warranties, …

Sound, Color, And Self-Organization, Herbert Guenther

International Journal of Transpersonal Studies

No abstract provided.

Foreword: "Article Of Manufacture" Patent Claims For Computer Instruction, 17 J. Marshall J. Computer & Info. L. 1 (1998), Allen B. Wagner

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Patenting Computer Science: Are Computer Instruction Writings Patentable?, 17 J. Marshall J. Computer & Info. L. 5 (1998), Allen B. Wagner

UIC John Marshall Journal of Information Technology & Privacy Law

This paper opposes the IBM/PTO proposal to patent (as an article of manufacture) computer instruction fixed on computer readable media (so called media or Beauregard claims). The juridical issue raised is whether patents are limited to the utilitarian embodiment of inventions (the instructed machine) or may be extended to include mere symbolic expression (the machine instruction) fixed in a tangible medium. In Part I, the author argues (a) patenting symbolic expression breaches the intellectual property premise prohibiting property interests in mere abstract ideas, by avoiding both copyright merger and patent preemption doctrines, and (b) contrary to the PTO analysis, patents …

The Relative Roles Of Patent And Copyright In The Protection Of Computer Programs, 17 J. Marshall J. Computer & Info. L. 41 (1998), Dennis S. Karjala

UIC John Marshall Journal of Information Technology & Privacy Law

The author approaches the problem of software patents from the perspective of copyright, where the debate over the appropriate scope of protection for computer programs continues to rage. This debate has largely followed the copyright tradition of considering copyright as a stand-alone statute, capable of resolving all of its problems with very little reference to other legal regimes and, in particular, with very little reference to patent law. It appears to the author that patent law has also gone about its business relating to software, from Benson to Beauregard, as if patent law were essentially the only relevant player. The …

A New Frontier In Patents: Patent Claims To Propagated Signals, 17 J. Marshall J. Computer & Info. L. 75 (1998), Jeffrey R. Kuester, Scott A. Horstemeyer, Daniel J. Santos

UIC John Marshall Journal of Information Technology & Privacy Law

If you thought "Beauregard" claims were a slippery slope to an uncertain end, you were right! The new frontier after In re Beauregard is the "propagated signal" claim -- a claim directed to a manufactured transient phenomenon, such as an electrical, optical, or acoustical signal, that could further revolutionize the way communications and software companies protect their intellectual property. It can make procuring patents less expensive and result in more extensive coverage, while challenging the limits of conventional wisdom. This new claim type will be viewed by some as a threat, and by others, as yet another step in the …

Patentability Of Computer Software Instruction As An "Article Of Manufacture": Software As Such As The Right Stuff, 17 J. Marshall J. Computer & Info. L. 89 (1998), Vincent Chiappetta

UIC John Marshall Journal of Information Technology & Privacy Law

The last five years have witnessed a dramatic shift in the approach taken by the Court of Appeals for the Federal Circuit ("CAFC") and, under the CAFC's stern if somewhat incomplete guidance, the United States Patent and Trademark Office ("PTO") to the seemingly intractable problem of determining whether software inventions qualify as patentable subject matter under the United States patent laws. Beginning with a series of CAFC decisions in 1994 and culminating with the PTO's issuance of its Final Examination Guidelines for Computer-Related Inventions (the "Guidelines") in 1996, the paradigm shifted from a "mathematical algorithm" based analytic structure to an …

Statutory Subject Matter And Hybrid Claiming, 17 J. Marshall J. Computer & Info. L. 277 (1998), R. Carl Moy

UIC John Marshall Journal of Information Technology & Privacy Law

The statutory subject matter provision of the United States patent code is one of that law's murkiest provisions. It has been the subject of repeated cases before the United States Supreme Court. Despite this, confusion and disagreement among the lower courts remains substantial. Much of the literature agrees that the law is in disarray. This paper isolates and treats one such problem: that of dealing with so-called "hybrid" inventions. Hybrid inventions are those that consist of both statutory and non-statutory elements grouped together. As such, their basic nature presents a classification problem. Hybrid inventions are mongrels, neither purely statutory nor …

Examination Guidelines For Computer-Related Inventions, 17 J. Marshall J. Computer & Info. L. 311 (1998), The United States Patent And Trademark Office

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Are Beauregard's Claims Really Valid?, 17 J. Marshall J. Computer & Info. L. 347 (1998), Jeffrey S. Draeger

UIC John Marshall Journal of Information Technology & Privacy Law

Computer hardware, software, and networking equipment together have fueled the onset of the Information Age, an age where a seemingly endless stream of ones and zeroes often is an extremely valuable commodity. Undeniably, computer software has been a crucial building block in this Information Age. However, intellectual property law has been slow to embrace software inventions as patentable subject matter on par with computer hardware and networking equipment. This Comment concludes that claims for computer instruction embodied in a computer readable medium do constitute statutory subject matter. As proper statutory subject matter, such claims should be evaluated "as a whole," …

An Attempt To Rationalize Floppy Disc Claims, 17 J. Marshall J. Computer & Info. L. 183 (1998), Richard H. Stern

UIC John Marshall Journal of Information Technology & Privacy Law

It is now more than four years since the Federal Circuit's en banc decision in In re Alappat. It is now at least two years since the intertwined events of the Federal Circuit's curious decisions to remand in In re Beauregard and In re Trovato, and the publication by the Patent and Trademark Office (PTO) of its Guidelines on the examination of software-related patent applications. Despite that passage of time, the clarity of the legal status of software-related patents, and particularly those written in article of manufacture format (so-called floppy disk patents), has not improved. Nonetheless, use of such claims …

Mapping Subglacial Surfaces Of Temperate Valley Glaciers By Two-Pass Migration Of A Radio-Echo Sounding Survey, Brian C. Welch, W. Tad Pfeffer, Joel T. Harper, Neil F. Humphrey

Geosciences Faculty Publications

High-resolution maps of the glacier bed are developed through a pseudo-three-dimensional migration of a dense array of radio-echo sounding profiles. Resolution of three-dimensional maps of sub-glacial surfaces is determined by the radio-echo sounding wavelength, data spacing in the field, and migration. Based on synthetic radio-echo sounding profile experiments, the maximum resolution of the final map cannot exceed one half-wavelength. A methodology of field and processing techniques is outlined to develop a maximum-resolution map of the glacier bed. The field and processing techniques valley glacier in south-central Alaska. The field techniques and the processing steps used on the glacier result in …

College Of Pharmacy-For The 1998 Entering Class, Nova Southeastern University

Health Professions Divisions Course Catalogs and Course Descriptions

No abstract provided.

Autonomy Or Community? An Evaluation Of Two Models Of Parental Obligation, Marsha Garrison

Faculty Scholarship

No abstract provided.

Founder's Day 1998, Sacred Heart University

Founder's Day Programs

Program for the March 18, 1998 Founder's Day ceremony held in the Academic Center, Gymnasium.

1998-1999 Undergraduate Catalog, Sacred Heart University

Graduate & Undergraduate Catalogs

No abstract provided.

Here Come The Cybercops 3: Betting On The Net, Claire Ann Koegler

Nova Law Review

No abstract provided.

Kinetics Of Random-Field Induced Domains In The Two-Dimensional Ising Antiferromagnet Rb2co0.85mg0.15f4, Christian Binek

Christian Binek Publications

The previous kinetics of the two-dimensional diluted Ising antiferromagnet Rb2Co0.85Mg0.15F4 is studied via the temporal relaxation of the field-induced magnetization after field cooling (FC) and zero-field cooling (ZFC), respectively, to T < TN = 75.2K. After FC different non-exponential decay laws indicate a crossover from domain reorientation to wall rearrangement at decreasing T. After ZFC rapidly saturating magnetization of naturally grown domain walls precedes the slow random-field-controlled disordering process.

Method For The Synthesis Of Α-Oxranyl Amino Acids, David B. Berkowitz, Michelle L. Pedersen

Department of Chemistry: Faculty Publications

The present invention is related to a novel class of decar-boxylase enzyme inhibitors consisting of α-oxiranyl amino acids and derivatives thereof and a method of synthesizing Such compounds.

The Simple Genetic Algorithm And The Walsh Transform: Part Ii, The Inverse, Michael D. Vose, Alden H. Wright

Computer Science Faculty Publications

This paper continues the development, begun in Part I, of the relationship between the simple genetic algorithm and the Walsh transform. The mixing scheme (comprised of crossover and mutation) is essentially “triangularized” when expressed in terms of the Walsh basis. This leads to a formulation of the inverse of the expected next generation operator. The fixed points of the mixing scheme are also determined, and a formula is obtained giving the fixed point corresponding to any starting population. Geiringer's theorem follows from these results in the special case corresponding to zero mutation.

The Simple Genetic Algorithm And The Walsh Transform: Part I: Theory, Michael D. Vose, Alden H. Wright

Computer Science Faculty Publications

This paper is the first part of a two-part series. It proves a number of direct relationships between the Fourier transform and the simple genetic algorithm. (For a binary representation, the Walsh transform is the Fourier transform.) The results are of a theoretical nature and are based on the analysis of mutation and crossover. The Fourier transform of the mixing matrix is shown to be sparse. An explicit formula is given for the spectrum of the differential of the mixing transformation. By using the Fourier representation and the fast Fourier transform, one generation of the infinite population simple genetic algorithm …

An Inventory And Condition Survey Of The Sandstone-Yalgoo-Paynes Find Area, Western Australia, A L. Payne, A M E Van Vreeswyk, K A. Leighton, H J. Pringle, P Hennig

Technical Bulletins

The inventory and condition survey of the Sandstone-Yalgoo-Paynes Find area, undertaken by the Department of Agriculture and Food, Western Australia (DAFWA) between 1992 and 1993, describes and maps the natural resources of the region’s pastoral leasehold land. This survey report provides a baseline record of the existence and condition of the area’s natural resources, to assist with the planning and implementation of land management practices. The report identified and described the condition of soils, landforms, vegetation, habitat, ecosystems, and declared plants and animals. It also assessed the impact of pastoralism and made land management recommendations. The area surveyed covers about …

Inventory Of Sub-Catchments Within The Oyster Harbour Catchment, B Radys

Resource management technical reports

The release of the "Salinity Action Plan for Western Australia' in December 996 highlighted the need for catchment scale planning and coordinated actions to reverse salinity trends.

A separate report has been produced for each major catchment area. Each report contains and inventory of all sub-catchments, with information on area, degradation risks and group activities with each catchment.

Western Michigan University Graduate Catalog 1998-2000, Western Michigan University

Western Michigan University Course Catalogs (1904-present)

Section I: Admission, Registration, Records, Academic Regulations, and Graduation

Section II: Student Financial Assistance, Academic Rights and Responsibilities, and Student Services

Section III: Description of Graduate Programs and Courses

Section IV: Glossary of Terms

Section V: The Graduate Faculty

Section VI: University Officials

Section VII: The Index

Ua56/1 Fact Book, Wku Institutional Research

WKU Administration Documents

Statistical and demographic profile of WKU.

Privatization And Technical Efficiency: An Application Of Stochastic Frontier Model To The International Oil Industry, Tayseer Al-Sumadi, Basudeb Biswas

Economic Research Institute Study Papers

This paper measures the firm-specific technical efficiency for a sample of 44 publicly owned and privately owned petroleum companies in the international oil industry. The empirical investigation is carried out by using the stochastic frontier production function approach. The results indicate the private decision-making units in the oil industry outperformed their publicly owned counterparts in terms of technical efficiency. The implication is privatization can improve the performance of the transformed public enterprises. /

Aspects Of The Optimal Management Of Cyclical Ecological-Economic Systems, Amitrajeet A. Batabyal

Economic Research Institute Study Papers

We now know that from a functional standpoint, jointly determined ecological-economic systems ( ecosystems) cycle over time. However, because this recognition has been recent, the ecological economics literature contains very few formal studies of the management of cyclical ecosystems. Consequently, the objective of this paper is to use renewal theory to examine two ways of analyzing the optimal management of cyclical ecosystems.

The Use Of Red Mud/Gypsum To Reduce Water Pollution From Sandy Soils Used For Vegetable Production, Ian Mcpharlin, W. J. Robertson, R. C. Jeffery

Research Reports

An important domestic and export vegetable industry is located on the sands of the Swan Coastal Plain (SCP) in Western Australia. The total value of the vegetable industry on the SCP was estimated at $90M in 1996/7 or about 50% of the total value of the industry. This vegetable production has been located on good quality sands such as the Spearwood and yellow Karrakatta sands, close to the coast, since the 1950s. However in recent years competition for this land for urban and industrial use has forced vegetable production onto soils with poorer water and phosphorus retention capacity such as …

The Uses Of Existing Information In The Process Of Setting Social Standards For Proposed Wilderness Areas Of Zion National Park, Mark E. Vande Kamp

Elusive Documents

No abstract provided.

Seattle Pacific University Catalog 1998-1999, Seattle Pacific University

Seattle Pacific Catalogs

No abstract provided.