-- Leo's gemini proxy

-- Connecting to gemini.techrights.org:1965...

-- Connected

-- Sending request

-- Meta line: 20 text/gemini;lang=en-GB

IRC: #boycottnovell @ Techrights IRC Network: Tuesday, December 28, 2021

back to Techrights (Main Index)


beginning of new day, December 28

00:15 schestowitz-TR2; Had to put the stupid dots back in, at the moment removing them would break

00:15 schestowitz-TR2; things in title scraping of the gemtext. Found a non-fatal warning

00:15 schestowitz-TR2; tracking it down

00:15 Techrights-sec2; Had to put the stupid dots back in, at the moment removing them would break

00:15 Techrights-sec2; things in title scraping of the gemtext. Found a non-fatal warning

00:15 Techrights-sec2; tracking it down

00:15 schestowitz-TR2; thanks, must be late there. I plan to stay up tonight catching up with patent news

00:20 *SomeH4x0r has quit (Ping timeout: 2m30s)

00:24 *SomeH4x0r (~someh4xx@9jw4gist7eai4.irc) has joined #boycottnovell

00:31 Techrights-sec2; np

00:31 Techrights-sec2; patent coverage is very important

00:44 schestowitz-TR2; adding andy's part 4 to drafts now

00:54 Techrights-sec2; ack

00:54 Techrights-sec2; part iv could lead in with a more specific thesis statement

00:54 Techrights-sec2; ok the scripts seem ok now, the one set of warnings is because

00:54 Techrights-sec2; the XML gradually gets replaced/ contaminated by non-XML (gemtext)

00:54 Techrights-sec2; and that bothers the parser module

00:54 schestowitz-TR2; unforeseen consequences of other coding? I still occasionally check the gemtext irc logs for sanity

00:55 schestowitz-TR2; I could use clarity on" part iv could lead in with a more specific thesis statement"

00:55 schestowitz-TR2; I am not sure what you have in mind; I can ask him, we speak like 5 times per day

00:57 Techrights-sec2; not so much coding as the result of mixing and matching XML with Gemtext

00:57 Techrights-sec2; the XML/HTML parser expects valid, well-formed elements. Gemtext is

00:57 Techrights-sec2; an error in that regard. I suppose there might be a different work flow

00:57 Techrights-sec2; to build up Gemtext, but for now the scripts go through a page

00:57 Techrights-sec2; and replace whole blocks of XHTML with Gemtext eventually leaving on

00:57 Techrights-sec2; only the Gemtext.

00:57 schestowitz-TR2; gemini is still young and there's time to improve things, the code is shown publicly in its latest form and sometimes I point to it in case someone wishes to reuse bits

00:58 Techrights-sec2; Thanks. I'm not sure what I have in mind either but have an easier time

00:58 Techrights-sec2; of the so-called inverted pyramid style of writing, so benefit from having

00:58 Techrights-sec2; the key info up top. I don't want to interfere with the writing style (much)

00:58 Techrights-sec2; just need a pointer at the beginning of what thread to follow as I read the

00:58 Techrights-sec2; body of the article.

00:59 schestowitz-TR2; the essay is many unconnected thoughts and experiences, it's not supposed to be very coherent as a whole


1 AM, December 28

01:02 Techrights-sec2; Gemtext and XML don't mix. Nothing will change that. An XML parser will

01:02 Techrights-sec2; always choke on Gemtext. The trick would be to build a new document parallel

01:02 Techrights-sec2; to the old one as the old one is deleted, but I am not sure how to deal

01:02 Techrights-sec2; with making the place holders. I guess I could build some complicated structure

01:02 Techrights-sec2; of associative arrays and dump that as text at the end.

01:02 Techrights-sec2; I see, then maybe just a half-sentence at the beginning mentioning that

01:02 Techrights-sec2; it is a collection of thoughts and experiences.

01:02 schestowitz-TR2; I am extending the summary now

01:03 Techrights-sec2; Thanks.

01:05 schestowitz__[TR]; Dr. Andy Farnell shares his experiences from this past year -- a sporadic collection of thoughts that can hopefully start a dialogue about unhealthy and unethical trends in today's increasingly regressive if not Orwellian technology; he now focuses on pandemic response and knowledge sharing, as opposed to privateering and profiteering (this includes a modest proposal/critique of some problematic aspects of patent and copyright laws)

01:07 Techrights-sec2; I'll take a break in a bit. Any last minute things? I think the Gemtext is ok

01:07 Techrights-sec2; now.

01:07 Techrights-sec2; I'd like to remove the bullets from the headings since I suspect they may

01:07 Techrights-sec2; be annoying for screenreaders. But that would require a major revision and

01:07 Techrights-sec2; might make scraping even harder later. I'll have to think on that for a long

01:07 Techrights-sec2; while.

01:07 Techrights-sec2; Excellent.

01:08 schestowitz-TR2; my guess is, screenreaders will skip a "bullet"

01:08 schestowitz-TR2; but I never used a screenreader

01:08 Techrights-sec2; Orca might be easy to set up here, but I'd have to rearrange some systems first

01:08 Techrights-sec2; since I want to keep my main system as uncomplicated as possible.


2 AM, December 28

02:15 *u-amarsh04 has quit (connection closed)

02:15 *u-amarsh04 has quit (Connection closed)


4 AM, December 28

04:01 schestowitz__[TR]; >> Hmmm... you know what? Sod it, I'll publish part 3 now as I want to be

04:01 schestowitz__[TR]; >> sure I didn't miss some new edits. This means it'll still go into

04:01 schestowitz__[TR]; >> today's bulletin

04:01 schestowitz__[TR]; > That was fine.

04:01 schestowitz__[TR]; >

04:01 schestowitz__[TR]; > But can we hold off on Part 4 until we've talked about it today

04:01 schestowitz__[TR]; > please Roy.

04:01 schestowitz__[TR]; >

04:01 schestowitz__[TR]; >

04:01 schestowitz__[TR]; > I am just concerned to make it punchy, better balanced and to

04:01 schestowitz__[TR]; > think hard about what the questions are that are being raised

04:01 schestowitz__[TR]; > and how they affect us all, not just a _too_ personal take.

04:01 schestowitz__[TR]; >

04:01 schestowitz__[TR]; > Speak to you about lunchtime I hope

04:01 schestowitz__[TR]; > best

04:49 schestowitz-TR2; o/ gn

04:49 schestowitz-TR2; trying to free up about 500MB on the pi to avoid having to move to external

04:49 schestowitz-TR2; disk

04:49 schestowitz-TR2; I'm near to gettinhg it below 80% disk usage (SD)

04:55 schestowitz-TR2; w00t!

04:55 schestowitz-TR2; available 3gb, usage 75%


5 AM, December 28

05:22 *DaemonFC has quit (connection closed)


6 AM, December 28

06:09 *leah has quit (Ping timeout: 2m30s)

06:09 *leah (~leah@wrh2nipuzrd3y.irc) has joined #boycottnovell


7 AM, December 28

07:36 *leah has quit (Ping timeout: 2m30s)

07:36 *leah (~leah@wrh2nipuzrd3y.irc) has joined #boycottnovell

07:42 *leah has quit (Ping timeout: 2m30s)

07:43 *leah (~leah@wrh2nipuzrd3y.irc) has joined #boycottnovell


8 AM, December 28

08:35 *tech_exorcist (~tech_exorcist@yg9nitwdxxwyk.irc) has joined #boycottnovell

08:54 *tech_exorcist has quit (Quit: see you later)


9 AM, December 28

09:09 *psydroid4 (~psydroid@cqggrmwgu7gji.irc) has joined #boycottnovell

09:15 Techrights-sec2; since I want to keep my main system as uncomplicated as possible.

09:17 Techrights-sec2; afk

09:17 Techrights-sec2; +1

09:17 Techrights-sec2; https://www.rollingstone.com/politics/politics-news/trump-dead-voters-georgia-big

↺ https://www.rollingstone.com/politics/politics-news/trump-dead-voters-georgia-big

09:17 Techrights-sec2; Ms GNU Linux has been unavailable for a very long time. I have now removed

09:17 Techrights-sec2; it from the list of sites to check.

09:17 -TechrightsBN/#boycottnovell- ( status 404 @ https://www.rollingstone.com/politics/politics-news/trump-dead-voters-georgia-big )

↺ https://www.rollingstone.com/politics/politics-news/trump-dead-voters-georgia-big

09:17 Techrights-sec2; Notice the highlighted text in the search results. StartPage injects M$ products,

09:17 Techrights-sec2; unwanted, into the mix:

09:17 Techrights-sec2; https://www.startpage.com/do/dsearch?query=cran+import+opendocument+spreadsheet+r&cat=web&pl=ext-ff&language=english&extVersion=1.3.0

↺ https://www.startpage.com/do/dsearch?query=cran+import+opendocument+spreadsheet+r&cat=web&pl=ext-ff&language=english&extVersion=1.3.0

09:17 -TechrightsBN/#boycottnovell-www.startpage.com |

09:17 Techrights-sec2; -

09:17 Techrights-sec2; https://cdn.c3voc.de/relive/rc3-2021/487/muxed.mp4

↺ https://cdn.c3voc.de/relive/rc3-2021/487/muxed.mp4

09:17 Techrights-sec2; https://media.ccc.de/v/rc3-2021-cwtv-879-stop-general-data-rete

↺ https://media.ccc.de/v/rc3-2021-cwtv-879-stop-general-data-rete

09:17 *TechrightsBN has quit (connection closed)

09:18 *TechrightsBN (~b0t@ju4kayhrhsm6a.irc) has joined #boycottnovell

09:18 TechrightsBN; Hello World! I'm TechrightsBN running phIRCe v0.75

09:20 schestowitz-TR2; i do not see ads in startpage

09:20 schestowitz-TR2; the rollingstones URL is broken

09:27 Techrights-sec2; The RS link is a wrong paste, the buffer is fscked in Firefox.

09:27 Techrights-sec2; Check the startpage search results and note the returned results and the words

09:27 Techrights-sec2; which are highlighed by bold face. If one searches for "spreadsheet", startpage

09:27 Techrights-sec2; spams the results with unrelated "excel" links instead.

09:28 schestowitz-TR2; I cannot reproduce this in startpage on my side but either

09:28 schestowitz-TR2; way we know that this is fake 'pprivacy'

09:31 Techrights-sec2; I should have taken screen shots. Did you try more than the first page of result

09:31 Techrights-sec2; s?

09:32 schestowitz-TR2; no, just page 1, but to me that site is dead

09:32 schestowitz-TR2; at one point it was OK

09:33 schestowitz-TR2; ixquick or the bloated startpage


10 AM, December 28

10:02 Techrights-sec2; the EPO hasn't focused on patent examination for a long time. You've shown

10:02 Techrights-sec2; documentation that they have become simply a rubber stamp for a fee.

10:02 schestowitz-TR2; some people focus on squashing UPC at the moment. I focus mostly on showing the disarray at EPO, inc. the Haar affair which discredits the courts there.

10:03 Techrights-sec2; EPC is dead but the EPO and other crooks have to be forced to publicly admit

10:03 Techrights-sec2; it so that it stays dead.

10:08 *leah has quit (Ping timeout: 2m30s)

10:08 *leah (~leah@wrh2nipuzrd3y.irc) has joined #boycottnovell

10:16 *leah has quit (connection closed)

10:16 *leah (~leah@wrh2nipuzrd3y.irc) has joined #boycottnovell

10:24 Techrights-sec2; https://media.ccc.de/v/rc3-2021-cwtv-879-stop-general-data-rete

↺ https://media.ccc.de/v/rc3-2021-cwtv-879-stop-general-data-rete

10:24 -TechrightsBN/#boycottnovell-media.ccc.de | media.ccc.de - Stop general data retention in the EU current plans for mass surveillance

10:39 *leah has quit (Ping timeout: 2m30s)

10:40 *leah (~leah@wrh2nipuzrd3y.irc) has joined #boycottnovell

10:58 Techrights-sec2; https://media.ccc.de/c/rc3-2021

↺ https://media.ccc.de/c/rc3-2021

10:58 -TechrightsBN/#boycottnovell-media.ccc.de | media.ccc.de - rC3 NOWHERE


11 AM, December 28

11:09 schestowitz__[TR]; > morning Roy, thanks for the logs excerpt, I will try to address

11:09 schestowitz__[TR]; > these points of writing style this morning

11:09 schestowitz__[TR]; > update later

11:11 Techrights-sec2; ack

11:11 Techrights-sec2; see the second speaker (patrick breyer) in the cwtv link

11:12 schestowitz-TR2; i saw but id not click play as I am rather pissed off hat xmas was treated as just a weekend

11:12 schestowitz-TR2; I mean, the workload is almost the same as any weeek, I wrongly assumed things would slow down

11:12 schestowitz-TR2; and that I would have more free time

11:15 Techrights-sec2; :(

11:15 Techrights-sec2; people in the US don't even get it as a weekend off; that problem is spreading

11:15 Techrights-sec2; to many countries lately

11:15 schestowitz-TR2; glad that itis not just me noticing that. I ranted publicly severasl times, it gets worse each year

11:16 Techrights-sec2; here shops are now open late hours even on weekends and not just open sunday

11:16 Techrights-sec2; but even long hours. that means that people have to miss life in order to

11:16 Techrights-sec2; show up for a shift

11:17 schestowitz-TR2; rianne right now: "this systems should die"

11:17 schestowitz-TR2; rianne right now: "this system should die"

11:19 Techrights-sec2; yeah but it's being fed by people apparently thinking *they* are getting somethin

11:19 Techrights-sec2; g

11:19 Techrights-sec2; good by using a gig service or shopping during off hours, weekends, or holidays

11:19 Techrights-sec2; they are dselling out at the cost of their colleagues and even themselves

11:19 Techrights-sec2; https://en.wikipedia.org/wiki/Prisoner%27s_dilemma

↺ https://en.wikipedia.org/wiki/Prisoner%27s_dilemma

11:19 -TechrightsBN/#boycottnovell-en.wikipedia.org | Prisoner's dilemma - Wikipedia

11:20 schestowitz-TR2; I still think mass publication and protected leakers are the way out of this

11:20 schestowitz-TR2; we did have some amazon WBers in the past

11:21 Techrights-sec2; yes but the JA case, and accompanying law changes, is setting things up to make

11:21 Techrights-sec2; that all but impossible. In addition the WWW is in the last stages of being

11:21 Techrights-sec2; locked into a cable TV like state.

11:22 schestowitz-TR2; so we keep moving, shifting to better things

11:28 Techrights-sec2; the trick with shifting like that is to not leave the public behind

11:31 *DaemonFC (~daemonfc@957jzbu5csdjw.irc) has joined #boycottnovell


noon, December 28

12:26 *leah has quit (Ping timeout: 2m30s)

12:30 *leah (~leah@wrh2nipuzrd3y.irc) has joined #boycottnovell

12:40 *leah has quit (connection closed)

12:40 *leah (~leah@wrh2nipuzrd3y.irc) has joined #boycottnovell

12:46 *u-amarsh04 (~amarsh04@joseon-rmogvn.g0d7.dtdf.mc4289.IP) has joined #boycottnovell

12:46 *u-amarsh04 (~amarsh04@t25x9hgy9xhrc.irc) has joined #boycottnovell

12:52 *tech_exorcist (~tech_exorcist@iv9bxb8zekfbq.irc) has joined #boycottnovell


1 PM, December 28

13:04 *DaemonFC has quit (Quit: Leaving)

13:05 *Despatche has quit (Quit: Read error: Connection reset by deer)

13:26 *tech_exorcist has quit (Quit: see you later)

13:57 *leah has quit (connection closed)

13:57 *leah (~leah@wrh2nipuzrd3y.irc) has joined #boycottnovell

13:59 Techrights-sec2; In order to keep moving like that the public must retain access to general-

13:59 Techrights-sec2; purpose computing so that they may have the choice to move too or not.

13:59 Techrights-sec2; In a walled garden, they cannot communicate outside the fenced area.

13:59 schestowitz-TR2; good point


2 PM, December 28

14:00 schestowitz-TR2; "Download Tore now from Appls Store(C), you dirty pedophile..."

14:00 schestowitz-TR2; "Download Tor now from Apple(TM) Store(R), you dirty pedophile..."

14:00 schestowitz-TR2; sounds legit

14:01 *leah has quit (Ping timeout: 2m30s)

14:01 *leah (~leah@wrh2nipuzrd3y.irc) has joined #boycottnovell

14:34 *techrights_guest|27 (~b129277c@54n9xgft8g6u2.irc) has joined #boycottnovell

14:35 *techrights_guest|27 has quit (Quit: Connection closed)

14:58 *psydroid4 has quit (connection closed)

14:58 *psydroid4 (~psydroid@cqggrmwgu7gji.irc) has joined #boycottnovell


3 PM, December 28

15:45 schestowitz__[TR]; > Hi Roy,

15:46 schestowitz__[TR]; >

15:46 schestowitz__[TR]; > If you refresh xxxxxx

15:46 schestowitz__[TR]; > you'll see I have completed PART 4

15:46 schestowitz__[TR]; >

15:46 schestowitz__[TR]; > More structure and a common theme to address the IRC comments

15:46 schestowitz__[TR]; >

15:46 schestowitz__[TR]; > Please notive I have marked the major sections in keeping with

15:46 schestowitz__[TR]; > your daily publishing schedule.

15:46 schestowitz__[TR]; >

15:46 schestowitz__[TR]; > Please don't publish past UNFINISHED. I will work through these

15:46 schestowitz__[TR]; > improving the prose, subject focus and links.

15:46 schestowitz__[TR]; >

15:46 schestowitz__[TR]; > all best and thanks

15:46 schestowitz__[TR]; Excllent, thanks a bunch!!

15:46 schestowitz__[TR]; Regards,


4 PM, December 28

16:09 schestowitz-TR2; draft updates, have a look...

16:21 *Noisytoot has quit (Ping timeout: 2m30s)

16:31 schestowitz-TR2; added 2 photos

16:31 schestowitz-TR2; the text was changed a huge deal

16:31 schestowitz-TR2; due to go live around midnight, I think

16:32 schestowitz-TR2; I have put the older version in IRC logs as I had spent some time on it and don't wish to feel like I "lost" work


5 PM, December 28

17:52 *u-amarsh04 has quit (connection closed)

17:52 *u-amarsh04 has quit (Connection closed)


6 PM, December 28

18:16 *tech_exorcist (~tech_exorcist@cs8xpinft7ju4.irc) has joined #boycottnovell

18:53 *DaemonFC (~daemonfc@bs7zfy7xzt3k4.irc) has joined #boycottnovell

18:59 schestowitz__[TR]; http://ipkitten.blogspot.com/2021/12/breaking-board-of-appeal-finds-no-legal.html?showComment=1640624219598#c3404769031165484240

↺ http://ipkitten.blogspot.com/2021/12/breaking-board-of-appeal-finds-no-legal.html?showComment=1640624219598#c3404769031165484240

18:59 -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T 1989/18) - The IPKat

18:59 schestowitz__[TR]; "

18:59 schestowitz__[TR]; Arguing that we shouldn't seek legal certainty in one area because there are other bigger issues in another area is a fallacy.

18:59 schestowitz__[TR]; Description amendments put us in a trance because they waste our clients' money and do not improve legal certainty enough to justify the additional costs. When I am prosecuting, description amendments are purely a waste of my time and the client's money. When I am reviewing third parties' patents, it makes essentially no difference to my infringement opinions whether the description has been amended. So what is the point, particularly when

18:59 schestowitz__[TR]; the legal justification is so weak? Article 84 requires the description to support the claimed invention, but a bridge can support many cars simultaneously.

18:59 schestowitz__[TR]; "


7 PM, December 28

19:00 schestowitz__[TR]; "

19:00 schestowitz__[TR]; I'm a representative, Attentive, but I'm not one of those put into a trance. I am somwhat equivocal about the whole issue of conforming the description. If we see the description as a historical record of what was filed by the Applicant on the filing date of the application, then any effort to conform it to the allowed claims is misguided. Conversely, if the description of the B publication is to be that which informs the task of

19:00 schestowitz__[TR]; construing the issued claims, then it should be conformed.

19:00 schestowitz__[TR]; For me, the more interesting choice is whether to excise passages of the description or, instead, hang on to them but preface them with words indicating that they are not descriptions of subject matter within the ambit of the claim. I find that my decision varies from case to case, often turning on Art 83 EPC considerations. Sometimes I want to hang on to those passages but in other cases I am thinking that the scope of infringement by

19:00 schestowitz__[TR]; equivalent is best optimised by excision of such passages of the descrption. As ever , Applicant has to decide what text goes to issue.

19:00 schestowitz__[TR]; "

19:01 schestowitz__[TR]; http://ipkitten.blogspot.com/2021/12/breaking-board-of-appeal-finds-no-legal.html?showComment=1640618793728#c1246003659220456904

↺ http://ipkitten.blogspot.com/2021/12/breaking-board-of-appeal-finds-no-legal.html?showComment=1640618793728#c1246003659220456904

19:01 -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T 1989/18) - The IPKat

19:01 schestowitz__[TR]; "

19:01 schestowitz__[TR]; There is one decision T 1989/18 which goes against T 1808/06 which is the reference in matters of adaptation of the description.

19:01 schestowitz__[TR]; Should the president file a referral for every decision which is contrary to another one the legal department of the EPO would only be busy with such matters. This is not reasonable.

19:01 schestowitz__[TR]; To me there is one referral which could be useful: depending on the BA to which the file goes, the absence of a measuring method is considered sometimes as a matter under under Art 83 which leads to the revocation of the patent. For other BA it is a mere problem of Art 84 which under G 3/14 cannot be discussed in opposition.

19:01 schestowitz__[TR]; This lottery effect should be brought to an end, and if a BA is not prepared to refer the question to the EBA, then the president should do so.

19:01 schestowitz__[TR]; The adaptation of the description seems to become kind of fixation that puts representatives in a trance.

19:01 schestowitz__[TR]; "

19:07 schestowitz__[TR]; http://ipkitten.blogspot.com/2013/08/the-end-mad-men-litigation-settled.html?showComment=1640172445379#c6847119686047886775

↺ http://ipkitten.blogspot.com/2013/08/the-end-mad-men-litigation-settled.html?showComment=1640172445379#c6847119686047886775

19:07 -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | The end: Mad Men litigation settled - The IPKat

19:07 schestowitz__[TR]; |Actually, Mad Men, the three-time Emmy Award-winning drama, will not return to television until sometime early next year, AMC confirmed on Tuesday, because of a deepening dispute with the shows creator, Matthew Weiner.|

19:07 schestowitz__[TR]; http://ipkitten.blogspot.com/2021/12/breaking-board-of-appeal-finds-no-legal.html?showComment=1640604421423#c768850941176300743

↺ http://ipkitten.blogspot.com/2021/12/breaking-board-of-appeal-finds-no-legal.html?showComment=1640604421423#c768850941176300743

19:07 -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T 1989/18) - The IPKat

19:07 schestowitz__[TR]; "

19:07 schestowitz__[TR]; There is a lot of discussion on LinkedIn about this decision.

19:07 schestowitz__[TR]; There are two distinct threads but both are about the same decision:

19:07 schestowitz__[TR]; https://www.linkedin.com/feed/update/urn:li:activity:6880822812777443328/

↺ https://www.linkedin.com/feed/update/urn:li:activity:6880822812777443328/

19:07 -TechrightsBN/#boycottnovell-www.linkedin.com | Rose Hughes on LinkedIn: Board of Appeal finds no legal basis for the requirement to amend | 85 comments

19:07 schestowitz__[TR]; https://www.linkedin.com/feed/update/urn:li:activity:6880931690655584256/

↺ https://www.linkedin.com/feed/update/urn:li:activity:6880931690655584256/

19:07 -TechrightsBN/#boycottnovell-www.linkedin.com | Sebastian Roth on LinkedIn: T 1989/18 (Adaptation of the description/HOFFMANN-LA ROCHE) of 16.12.2021

19:07 schestowitz__[TR]; "

19:08 schestowitz__[TR]; http://ipkitten.blogspot.com/2021/12/breaking-board-of-appeal-finds-no-legal.html?showComment=1640603957985#c306265963017855413

↺ http://ipkitten.blogspot.com/2021/12/breaking-board-of-appeal-finds-no-legal.html?showComment=1640603957985#c306265963017855413

19:08 -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T 1989/18) - The IPKat

19:08 schestowitz__[TR]; "

19:08 schestowitz__[TR]; Dear Max Drei,

19:08 schestowitz__[TR]; I can agree with you that it would help if the description would not have to be adapted to the new claims like in the US.

19:08 schestowitz__[TR]; There are however two conditions to fulfil:

19:08 schestowitz__[TR]; 1) the last sentence of Art 84 should be deleted, and this needs an amendment of the EPC other than by "secondary legislation";

19:08 schestowitz__[TR]; 2) like in the US, the behaviour of the applicant/proprietor during examination should be taken into account.

19:08 schestowitz__[TR]; The problem is that there is a fluctuating legislation about the doctrine of equivalents. This results to a large part of the refusal of the contracting state to adopt a definition of equivalents in the protocol on Art 69 during the diplomatic conference of 2000. An Art 2 has been added, but the Art 3 about equivalents has been rejected.

19:08 schestowitz__[TR]; The EPO cannot cater for the various ways equivalents are dealt with by the national jurisdiction and can thus not accept that what is claimed is not really what is claimed but could also be something else.

19:08 schestowitz__[TR]; By the way the BA in T 1989/18 seems to have confused clarity of the claims as such (first part of Art 84) and support by the description (last sentence of Art 84).

19:08 schestowitz__[TR]; Last but not least, it is, at least for the time being, a single decision.

19:08 schestowitz__[TR]; Should the Guidelines be adapted, it might indeed take quite a while.

19:08 schestowitz__[TR]; How long did it take to remove the purposive selection in the Guidelines?

19:08 schestowitz__[TR]; The three points test = ex essentiality test is still in the Guidelines in spite of the heavy criticism by the BA.

19:08 schestowitz__[TR]; "

19:08 schestowitz__[TR]; http://ipkitten.blogspot.com/2021/12/breaking-board-of-appeal-finds-no-legal.html?showComment=1640596976924#c7796019141511801534

↺ http://ipkitten.blogspot.com/2021/12/breaking-board-of-appeal-finds-no-legal.html?showComment=1640596976924#c7796019141511801534

19:08 -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T 1989/18) - The IPKat

19:08 schestowitz__[TR]; "

19:08 schestowitz__[TR]; For me, this decision is a bolt out of the blue but, on reflection, perhaps we should have been expecting it. Striking out the requirement for strictly conforming the description to the allowed claims will deliver a huge boost (to use the technical term de jour) to efficiency at the EPO. Such a huge uplift in efficiency would clear the way for management to reduce the numbers of highly paid EPo Examiners quite considerably. Besides, the

19:08 schestowitz__[TR]; Americans don't do it, and their courts can still manage to do patent litigation, so why should we Euro's worry, eh?

19:08 schestowitz__[TR]; One would have thought that Boards of Appeal are unswayed by thoughts about efficiency. Not any more though. The topic seems to weigh more and more heavily in their delibarations. Perhaps the members of this deciding Board are all still young, in tune with the times, and at this stage of their career within the EPO find thoughts about improving efficiency particularly persuasive.

19:08 schestowitz__[TR]; Meanwhile, if past performance is any guide to the immediate future, we shall all have to continue delivering strict conformity, that is, until the Examiners' Bible, The Guidelines, suffers its next revision by management.

19:08 schestowitz__[TR]; "

19:09 schestowitz__[TR]; http://ipkitten.blogspot.com/2021/12/breaking-board-of-appeal-finds-no-legal.html?showComment=1640615634712#c5594854956463181890

↺ http://ipkitten.blogspot.com/2021/12/breaking-board-of-appeal-finds-no-legal.html?showComment=1640615634712#c5594854956463181890

19:09 -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T 1989/18) - The IPKat

19:09 schestowitz__[TR]; "Shouldn't this pave the way for a further referral by the President to the EBoA? Clearly, conflicting decisions by different Boards concerning a point of fundamental nature."

19:46 *DaemonFC has quit (Quit: Leaving)


8 PM, December 28

20:36 *tech_exorcist has quit (Quit: Disconnecting)

20:36 schestowitz__[TR]; https://nitter.eu/43blah/status/1475844054273470464

↺ https://nitter.eu/43blah/status/1475844054273470464

20:36 -TechrightsBN/#boycottnovell- ( status 404 @ https://nitter.eu/43blah/status/1475844054273470464 )

↺ https://nitter.eu/43blah/status/1475844054273470464

20:36 schestowitz__[TR]; https://twitter.com/43blah/status/1475844054273470464

↺ https://twitter.com/43blah/status/1475844054273470464

20:36 -TechrightsBN/#boycottnovell-@43blah: @schestowitz Ioannidis estimated the Diamond Princess IFR at 0.125%, with a range 0.025% to 0.625% with several cav https://t.co/O5pz2OlshD

↺ https://t.co/O5pz2OlshD

20:36 -TechrightsBN/#boycottnovell-@43blah: @schestowitz Ioannidis estimated the Diamond Princess IFR at 0.125%, with a range 0.025% to 0.625% with several cav https://t.co/O5pz2OlshD

↺ https://t.co/O5pz2OlshD

20:36 schestowitz__[TR]; "Ioannidis estimated the Diamond Princess IFR at 0.125%, with a range 0.025% to 0.625% with several caveats. By 2/21 before vaccinates were widely in effect, the U.S. had a CFR of ~1.72% or an IFR ~0.43% assuming the CDC's est of 4 infections per case. His estimates held up well."

20:37 *Seaduck| has quit (Quit: ZNC 1.8.2+deb2+b1 - https://znc.in)

↺ https://znc.in)

20:37 schestowitz__[TR]; https://twitter.com/DavidMo34997598/status/1475822321747304454

↺ https://twitter.com/DavidMo34997598/status/1475822321747304454

20:37 -TechrightsBN/#boycottnovell-@DavidMo34997598: @schestowitz https://t.co/6UvexDcsGv

↺ https://t.co/6UvexDcsGv

20:37 -TechrightsBN/#boycottnovell-@DavidMo34997598: @schestowitz https://t.co/6UvexDcsGv

↺ https://t.co/6UvexDcsGv

20:37 schestowitz__[TR]; https://nitter.eu/ikan154/status/1475802320352862209

↺ https://nitter.eu/ikan154/status/1475802320352862209

20:37 -TechrightsBN/#boycottnovell- ( status 404 @ https://nitter.eu/ikan154/status/1475802320352862209 )

↺ https://nitter.eu/ikan154/status/1475802320352862209

20:37 schestowitz__[TR]; "

20:37 schestowitz__[TR]; Thank you so much. I truly appreciate the team's great job and the wonderful product. It's been my pleasure

20:37 schestowitz__[TR]; Wish you guys wonderful year ahead!

20:37 schestowitz__[TR]; "

20:37 schestowitz__[TR]; https://twitter.com/ashik_your/status/1475785245676896261

↺ https://twitter.com/ashik_your/status/1475785245676896261

20:37 -TechrightsBN/#boycottnovell-@ashik_your: @schestowitz https://t.co/eAGEvd009I

↺ https://t.co/eAGEvd009I

20:37 -TechrightsBN/#boycottnovell-@ashik_your: $750 Walmart gift card Free!!! Online Foor Canadian citizen! If you interested, Click Here>https://t.co/ZUBCcKs3GG https://t.co/e8JbYhnNWe

↺ https://t.co/ZUBCcKs3GG

↺ https://t.co/e8JbYhnNWe

20:37 schestowitz__[TR]; https://twitter.com/kevens/status/1475771423897567235

↺ https://twitter.com/kevens/status/1475771423897567235

20:37 -TechrightsBN/#boycottnovell-@kevens: @schestowitz This one is for Mother Nature. https://t.co/Xo0cB4ilxx

↺ https://t.co/Xo0cB4ilxx

20:37 -TechrightsBN/#boycottnovell--> www.youtube.com | Kvens - World Is Burning (Official Music Video) - YouTube

20:38 schestowitz__[TR]; https://twitter.com/GyroWaveGen_TM/status/1475665067576381449

↺ https://twitter.com/GyroWaveGen_TM/status/1475665067576381449

20:38 -TechrightsBN/#boycottnovell-@GyroWaveGen_TM: @schestowitz You want to bust a 21st century patent by paying 1960's wages?!!! Ever hear of inflation people?

20:38 schestowitz__[TR]; https://twitter.com/GyroWaveGen_TM/status/1475664612666265606

↺ https://twitter.com/GyroWaveGen_TM/status/1475664612666265606

20:38 -TechrightsBN/#boycottnovell-@GyroWaveGen_TM: @schestowitz Make that $20K plus a small percentage of any recovery & I 'might' help out!

20:38 schestowitz__[TR]; https://twitter.com/zoobab/status/1475600081915162630

↺ https://twitter.com/zoobab/status/1475600081915162630

20:38 -TechrightsBN/#boycottnovell-@zoobab: @schestowitz <html><1.js><2.js><3.js></html>

20:44 *DaemonFC (~daemonfc@957jzbu5csdjw.irc) has joined #boycottnovell

20:50 *Seaduck- (~seaduck@ys9kag65kxsiu.irc) has joined #boycottnovell


9 PM, December 28

21:39 schestowitz__[TR]; "

21:39 schestowitz__[TR]; All indicators show that we, as a society, will be facing one of the most disruptive health challenges ever. Clearly the coming months will be tough for all of us. If EPO management wants staff to soldier on during the current crisis, it will need to do better itself. We expect senior management to:

21:39 schestowitz__[TR]; - recognise that the corona pandemic will inevitably have an impact on the operation of the EPO, its production and services, for which the staff will not be held responsible

21:39 schestowitz__[TR]; - foresee supportive measures like favourable conditions for part-time working and special leave in order to take care of children that are at home and/or for family members in need

21:39 schestowitz__[TR]; - abandon or at least postpone the introduction of further reforms that will have a negative impact on staff working conditions and instead reward staff for its commitment and high performance over many years

21:39 schestowitz__[TR]; "

21:46 schestowitz__[TR]; "

21:46 schestowitz__[TR]; Dear SUEPO members, dear colleagues,

21:46 schestowitz__[TR];

21:46 schestowitz__[TR];

21:46 schestowitz__[TR]; Mr Campinos had announced, in his Communiqu of 30.10.2018, that he would work

21:46 schestowitz__[TR]; towards amicable settlements. SUEPO, FICSA and the Union Syndicale Fdrale

21:46 schestowitz__[TR]; (USF) wrote to the President and the Administrative Council 1 , calling for proper

21:47 schestowitz__[TR]; solutions for all staff representatives and SUEPO officials targeted by Battistelli & co,

21:47 schestowitz__[TR]; including those dismissed. Dr Bausch advocated for an amnesty in a post on

21:47 schestowitz__[TR]; Kluwer Patent Blog in May 20192.

21:47 schestowitz__[TR];

21:47 schestowitz__[TR]; As we write these lines, three cases of unfairly sanctioned former staff

21:47 schestowitz__[TR]; representatives and/or union officials remain unresolved:

21:47 schestowitz__[TR];

21:47 schestowitz__[TR]; Aurlien Ptiaud and Michael Lund, former nominees of the CSC in the

21:47 schestowitz__[TR]; Appeals Committee, were both downgraded by Mr Battistelli for their activities

21:47 schestowitz__[TR]; in the Appeals Committee;

21:47 schestowitz__[TR]; Laurent Prunier, former member of the CSC and Secretary of the SUEPO

21:47 schestowitz__[TR]; Committee The Hague, was dismissed by Mr Battistelli after years of

21:47 schestowitz__[TR]; deliberate targeting by a handful of EPO top officials.

21:47 schestowitz__[TR]; Although Mr Campinos took office more than 18 (!) months ago, he has so far failed

21:47 schestowitz__[TR]; to heal the most hurtful wounds of the Battistelli era. Laurent remains dismissed. No

21:47 schestowitz__[TR]; settlement has been reached. It is about time that Mr Campinos shows his ability

21:47 schestowitz__[TR]; to clean the slate he inherited from his predecessor once and for all.

21:47 schestowitz__[TR]; "


10 PM, December 28

22:54 schestowitz__[TR]; The Financial Survey: A divisive exercise

22:54 schestowitz__[TR]; Mr Campinos has asked you to inform your team manager which of the financial measures 1 to 10 have your support. This question is wrong at many levels.

22:54 schestowitz__[TR];

22:54 schestowitz__[TR]; Our comments and recommendation can be found in this publication.


11 PM, December 28

23:30 *buzzert_ has quit (Ping timeout: 2m30s)

23:48 *Seaduck- has quit (Quit: ZNC 1.8.2+deb2+b1 - https://znc.in)

↺ https://znc.in)

23:49 *Seaduck- (~seaduck@ys9kag65kxsiu.irc) has joined #boycottnovell

23:50 *buzzert (~buzzert@zmgw33tt22mkn.irc) has joined #boycottnovell


IRC: #boycottnovell @ Techrights IRC Network: Tuesday, December 28, 2021


back to Techrights (Main Index)

-- Response ended

-- Page fetched on Sun May 19 13:15:25 2024