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4 In 1958, Fritz Machlup reported to the Senate that the patent system did not have a substantial effect on innovation See id Economist Adam Jaffe recently concluded that the value of patent rights might still be too small relative to overall costs and returns to have a measurable impact on innovative behavior" Adam Jaffe, The US Patent System in Transition: Policy Innovation and the Innovation Process, (NBER Working Paper Series, August 1999), 46 See also Patently Absurd, The Econ, June 21, 2001, at LEXIS, Nexis Library ( Do firms become more innovative when they increase their patenting activity Studies of the most patent-conscious business of all the semiconductor industry suggest they do not ) 5 35 USC 102(b) (2002) 6 35 USC 112 (2002) There are three requirements within section 112.

Structure and Relationship Traditionally, maps of Internet resources in general, and the Web in particular, have by necessity been very simplistic and one-dimensional: Human-compiled hierarchy directories have the virtue of including some, albeit variable, amount of metadata based on human assessment of the link target and classi cation into categories Expressed relational metainformation is an external construct, however, independent of any explicit hyperlinks between sites Automated link-walk compilations result in maps that are in this case purely structural a snapshot of Web hyperlinks While subsequent indexing of at least portions of content from each node does allow for term searches to create simple maps that re ect literal term usage (and thereby indicate term-related linking), the content semantics are largely ignored We can illuminate this distinction and some of the issues involved by looking to some well-established conventions from paper publishing.

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First, the application must disclose the best mode for practicing the invention Second, the enablement doctrine requires the inventor to provide sufficient information to enable a person skilled in the relevant art to make and use the claimed invention without undue experimentation Chisum, et al, Principles of Patent Law: Cases and Materials 162 (2001) The purpose of the doctrine is to provide the public with the benefits of a technological disclosure and to define the scope of patent rights Id at 172 Third, the written description requirement is broader than to merely explain how to make and use The application must also convey with reasonable clarity to those skilled in the art that, as of the filing date sought, he or she was in possession of the invention Vas-Cath Inc v Mahurkar, 935 F2d 1555, 1563-64 (FedCir 1991).

Paper-published content is inherently linear, because it has its origins in oral narrative Unlike transient speech, however, published sentences are frozen in a medium that the reader can to some extent perceive outside of time, freely choosing what to read at any time This characteristic enables the concept of multiple entry points based on some overall mapping Paper publishing thus developed structural and semantic aids to the reader to provide such entry points into the content: s and sections As a structural device, the division of a text into chapters and sections imparts a layer of semantics in that the logical division helps order content and implies relationships between the parts Table of contents Given an expressed logical structure, it is possible to provide a list of headings and corresponding numbered pages.

Failure to manage these expenditures and relationships suitably can be devastating to the firm A cooperative and amicable relationship is necessary to extract the most value out of vendor relationships, while applying regular management practices to ensure that the vendor is performing up to expectation and committed service levels This can be challenging because of the periodic incongruent incentives of the firm and the vendor sales and delivery teams, and the wide variety of vendors that must be managed Often, firms cover shortfalls in vendor performance by adding staff or other expenditures rather than confronting nonperforming vendors and instituting standard vendor management processes and procedures Firm managers and staff must work to be taken seriously by vendors and to hold nonperformers accountable Vendors, like most businesses, pay the most attention to the customers who provide their largest revenue stream or the customers who are most vocal.

In practice, difficulties encountered in attempting to distinguish the two requirements have generated judicial confusion and uncertainty Compare In re Wilder, 736 F2d 1516, 1520 (FedCir1984), cert denied, 469 US 1209 (1985) ( The written description requirement is found in 35 USC 112 and is sepa-.

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