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By: S. Joey, M.A., Ph.D.

Vice Chair, Texas Tech University Health Sciences Center School of Medicine

For example symptoms 5 weeks pregnant buy 250 mg cefuroxime amex, in the Abstract of his patent treatment borderline personality disorder buy cheap cefuroxime on-line, he described his invention as: A color concentrate for coloring thermoplastic polymeric materials medicine 3604 pill cheap cefuroxime line, which is prepared from a blend of a medicine werx order cefuroxime mastercard. Burlone stated that his invention relates generally to the coloring of thermoplastics. In particular, it relates to the coloring of thermoplastics by the incorporation of color concentrates therein. In discussing the prior art, he stated: However, coloring of fibrous materials through the use of color concentrates is a less common practice. The majority - 541 - Jump to: A­ B­ C­ D­ E ­ F­ G­ H­ I­ J­ K­ L­ M­ N­ O­ P­ Q­ R­ S­T­ U­V­W­ X­Y­ Z of color concentrates available today contain vehicles which are not totally compatible with, for instance, nylon, since nylon is one of the fibers which is less commonly colored by the addition of color concentrates. Described here is the preparation of pigment or dye concentrates in vehicles which are compatible with common fiberforming thermoplastic materials, in particular nylon. Burlone stated: Concentrates according to the present invention are utilized with especially advantageous results in coloring thermoplastic materials which are employed in the production of synthetic textile fibers. Burlone uniformly described the use of his color concentrate in coloring another polymer, and consistently distinguished his color concentrate from the material to be colored. For instance, Example 1 provides in part: One part of the solid color concentrate was blended with 29 parts of uncolored nylon-6 polymer. Example 6 provides in part: One part of the solid color concentrate was blended with 39 parts of uncolored nylon-6 polymer. The mixture was extruded into fiber as in Example 1 to obtain deeply colored golden fiber containing 1% colorant. Example 7 states that "One part of the solid color concentrate was blended with 24 parts of uncolored nylon-6 polymer. Example 10 provides: "One part of the color concentrate of Example 2 was blended with 29 parts of uncolored poly(ethylene terephthalate). All of the remaining examples in the patent employ similar language and, significantly, none of the examples refers to the final colored product containing 1% pigment as a color concentrate. Instead, each of the examples refers to the final colored product as "colored fiber". Burlone did not employ the term "color concentrate" in a manner different from that which Dr. Rather, the specification patently demonstrates that the claimed color concentrate, a blend of pigment and carrier polymer, is directed to the use of color concentrates as that term had been used before in the art, i. This argument, that Burlone Claim 5 covers the final colored blend that is spun directly into fiber, is essentially an attempt to argue that the claimed color concentrate covers the "thermoplastic polymeric material to be colored" of subpart (A)(4) and part (B) of Claim 1. Such an argument is completely inconsistent with the patent specification, which repeatedly distinguishes between the "color concentrate" and the uncolored nylon, or polymer to be colored. The specification makes clear that the claimed "color concentrate" is a substance that is separate from the thermoplastic polymeric material to be colored. At the "first blend" stage, the color concentrate is composed of catdye polymer and 25-35% pigment; at the "second blend" stage, the initial color concentrate is "diluted" with uncolored nylon to the level of 1% pigment. Cohen testified that "these colored products, or these final colored materials, are excluded [from the scope of the claims of the Burlone patent]. In support of his assertion that the final colored products are not included within the scope of the Burlone color concentrate, Dr. Cohen discussed an entry in the 1968 Kirk-Othmer Encyclopedia of Chemical Technology wherein "very clear distinctions" are made among carrier polymers, host polymers to be colored, and final colored products. Harris conceded that in part (B) of Claim 1, the (A) polymer and the thermoplastic material to be colored are two different materials. Notwithstanding the "1 to 70 percent pigment" language, all of the examples contained in the patent teach the addition of "one part of the solid color concentrate" to anywhere from 21 to 39 parts of an uncolored material. As discussed supra, subpart (A)(4) and part (B) of Claim 1 expressly define the claimed invention in terms of its properties in reference to the "thermoplastic material to be colored" of the preamble. Instead, the Court concludes that the specification of the Burlone patent supports a construction of the preamble as a limitation on the patent claims. Like the specification, the prosecution history of the Burlone patent reveals that Dr. Burlone repeatedly distinguished his color concentrate from the host polymer to be colored.

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Amgen points out that both parties agree that the plain meaning of the term "isolated" is "separated" or "set apart medications 2355 buy generic cefuroxime. The parties disagree medicine for anxiety purchase generic cefuroxime from india, however medicine administration generic 250 mg cefuroxime, on whether"isolated" is properly construed apart from the claim phrase it modifies medicine natural generic cefuroxime 500mg free shipping. Amgen claims that Teva fails to specify exactly what it is that is separated and ignores a defining characteristic of Dr. Like the Magistrate Judge, this court first notes that nothing in the language of the patent suggests that each saccharide must be separated from all other saccharides. The Defendants argue that the Magistrate Judge was wrong in stating that the Plaintiff had not surrendered all other embodiments. They first argue that although a prosecution disclaimer must be "clear and unmistakable disavowal," the disclaimer can be implicit, and the Magistrate Judge erred in his application of this rule. That argument is not correct, because this situation is clearly distinguishable from the scenarios stated by Computer Docking Station Corp. The scenarios that the Federal Circuit cited in that case all had explicitly clear disavowals, and the court even explicitly stated that a prosecution disavowal "does not apply to an ambiguous disavowal. In fact, the court emphasized that when a patentee describes a specific function in the prosecution phase, the description does not limit the claims further. Also, that court stated that when a statement is amenable to multiple reasonable interpretations the statement is not a disavowal. For these reasons, the court does not find that the authority cited by the Defendants supports the - 1087 - Jump to: A­ B­ C­ D­ E ­ F­ G­ H­ I­ J­ K­ L­ M­ N­ O­ P­ Q­ R­ S­T­ U­V­W­ X­Y­ Z lenient standard that they urge this court to adopt for this situation. The Defendants argue that the prosecution history as a whole contains a clear disavowal. Defendants claim that the patentee differentiated prior art by stating that the prior art was distinguishable from the present invention, because the prior art did not make the saccharides bioavailable in individual forms. The Defendants choose to focus on the use of "individual forms" as their sole focus of their argument, but another reasonable interpretation is made possible by including the word "bioavailable" into the analysis. The Plaintiff states that the use of different compositions such as in animal or fiber form can prevent the body from absorbing the nutrients thus making them not bioavailable. Using those sources, the saccharides would have to be made into monosaccharides before being bioavailable. Because the Plaintiff used different sources that did allow bioavailability without the further refinement, this is a reasonable interpretation of the statement in the alleged disavowal. Furthermore, although the patentee does refer to Example 2 in the response, patentee never said that Example 2 was the only embodiment. Therefore, this court agrees with the Magistrate Judge and finds that there was no "clear and unmistakable" prosecution disavowal and will interpret the patent on what is claimed in the patent. Although, it is true that two terms that are closely related should give a different meaning to the words, sometimes different words can be used to express similar concepts even if it is "poor drafting practice. Additionally, there is nothing in the claims, specification, or prosecution history that states that the saccharides must be separated "from a source by a process that achieves a desired level of concentration of each saccharide. Reading the patent, "isolated and purified" clearly modifies "saccharides" which this court has interpreted to mean "carbohydrates or sugars which can be in the form of mono-, oligo-, and/or polysaccharides. Therefore, the sugars do not have to be individually isolated and separated as the Defendants urge, but rather may appear in their polysaccharide form. Construction of "Isolated and Purified" Thus, this court construes this phrase to be the portion of the claim construction to which both parties agreed and the Magistrate Judge ruled: "separated from other, unwanted substances. While defendants agree that the "isolation" and "purification" of a substance at least requires separation from unwanted substances, they interpret the claim term to mean that each saccharide identified in the patent must be individually separated from the other saccharides in the patent. Defendants further argue that the terms "isolated" and "purified" are not synonymous, and that the term "purified" requires each saccharide to be "further refined to a desired level of concentration. Thus, defendants ask the court to construe "isolated and purified" to mean "individually separated from other, unwanted substances from a source by a process that achieves a desired level of concentration of each saccharide. A­ B­ C­ D­ E ­ F­ G­ H­ I­ J­ K­ L­ M­ N­ O­ P­ Q­ R­ S­T­ U­V­W­ X­Y­ Z the court initially observes that nothing in the language of the patent claims or the specification suggests that each saccharide must be individually separated from the other saccharides. It does not require that each saccharide be individually separated from every other saccharide in the source. Nor does it prevent several of the saccharides from being "isolated and purified" together, apart from other unwanted substances present in the natural source.

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Sphingosine the alcohol present in sphingolipids is synthesized from serine and palmitoyl CoA symptoms 6 days before period due purchase cefuroxime 500mg fast delivery. Decarboxylation of serine Chapter 15; Simple medications in checked baggage cheap cefuroxime amex, Hydroxy and Sulfur Containing Amino Acids 187 9 symptoms kidney failure generic cefuroxime 250mg free shipping. Glycogen phosphorylase is activated by phosphorylation medications medicare covers order cefuroxime 250 mg overnight delivery, while pyruvate kinase and phospho fructo kinase-2 are activated by dephosphorylation. This covalent modification serves as a mechanism of regulation of enzyme activity. In glycoproteins, the carbohydrate groups are usually attached to the hydroxyl groups of serine or threonine residues of the protein. Deficiency of some of these enzymes with anti-oxidant function may be related with atherosclerosis. Under conditions of starvation, the glucose alanine cycle is of special metabolic significance. Alanine is quantitatively the most important amino acid taken up by the liver from peripheral tissues, particularly from skeletal muscle. Serine analogues Beta alanine Here the amino group is attached to the beta carbon atom. It is formed during the catabolism of the pyrimidine bases, cytosine and uracil (Chapter 39). As the degradation pathway, beta alanine is transaminated to malonate semialdehyde, then to malonyl CoA. Glycine-serine-choline cycle 188 Textbook of Biochemistry; Section B: General Metabolism namely, D-threonine, L-threonine, L-allothreonine and D-allothreonine. Threonine does not directly undergo transamination, but undergoes deamination forming alpha keto butyric acid (reaction similar to serine. In turn, alpha keto butyric acid can be oxidatively decarboxylated to propionyl CoA, then converted to succinyl CoA, which enters the gluconeogenesis pathway. Threonine may be cleaved by threonine aldolase to give rise to glycine plus acetaldehyde. The latter is acted upon by aldehyde dehydrogenase to form acetate, which is activated to acetyl CoA by thiokinase. Homocysteine degradation: Homocysteine condenses with serine to form cystathionine. This is catalysed by pyridoxal phosphate dependent cystathionine-beta synthase (No. Cysteine synthesis: In the next step cystathionine is hydrolysed by cystathionase to form cysteine and homoserine (No. Metabolism of sulfur containing amino acids may be studied under the following major headings: A. This methyl group is donated from onecarbon pool with the help of vitamin B12 (Step 4. Formation of active methionine Chapter 15; Simple, Hydroxy and Sulfur Containing Amino Acids 189 Table 15. Final oxidation: Homoserine is deaminated and then decarboxylated to propionyl CoA. Methionine in Transmethylation Reactions the methylation reactions are shown in Table 15. Methyl groups are originally derived from the one carbon pool (Details in Chapter 14). This would account for the deficiency of folic acid associated with B12 deficiency (folate trap). Formation of Cysteine is by using the carbon skeleton contributed by serine and sulfur originating from methionine. Cysteine formation 190 Textbook of Biochemistry; Section B: General Metabolism. Amino Acid Transport the role of glutathione in the absorption of amino acid is shown in Figure 14. Transamination: Cysteine is transaminated to form beta mercapto pyruvic acid and finally pyruvate.

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If the total input length is not a multiple of 512 bits medicine 0027 v 250mg cefuroxime with amex, it is padded; the padding includes a length attribute so two messages differing only by the amount of padding should not hash to the same value symptoms enlarged prostate purchase cefuroxime in india. If h = hash(m) 7mm kidney stone treatment buy cefuroxime 250mg fast delivery, then the value h is simply the final state after the above mechanism has processed message m symptoms of ebola discount cefuroxime 250mg with mastercard. An attacker knowing only h can then initialize the above algorithm with h, and continue it to find the hash h1 = hash(m" m1), for an arbitrary message m1 concatenated to the end of m, without knowing m. If the original message m was padded to message mp, then the attacker will find h1 = hash(mp " m1), but that is often enough. This vulnerability must be considered when using secure-hash functions for message authentication, below. Suppose the sender and receiver share a secret, pre-arranged "key", K, a random string of length comparable to the output of the hash. Then, in principle, the sender can append to the message m the value h = hash(K" m). The receiver, knowing K, can recalculate this value and verify that the h appended to the message is correct. This particular hash(K" m) implementation is undermined by the length-extension vulnerability of the previous section. If the hash function exhibits this vulnerability and the sender transmits message m together with hash(K" m), then an attacker can modify this to message m" m1 together with hash(K" m" m1), without knowing K. This problem can be defeated by reversing the order and using hash(m" K), but this now introduces potential collision vulnerabilities: if the hash function has the length-extension vulnerability and two messages m1 and m2 hash to the same value, then so will m1 " K and m2 " K. The 64-byte length here comes from the typical input-block length of many secure-hash functions; it may be increased as necessary. Negotiating the pre-arranged key K can be a significant obstacle, just as it can be for ciphers using prearranged keys (28. Sometimes, however, K is negotiated on a per-session basis, without definitive "personal" authentication of the other party. This is akin to Alice and someone claiming to be "Bob" selecting an encryption key using the Diffie-Hellman-Merkle mechanism (28. This is true even if Alice is not sure "Bob" is the real Bob, or has no idea who "Bob" might be. The signature guarantees the message integrity, but also serves as authentication that the sender is the same entity who sent the previous messages in the series. She also cannot prove to anyone else that Bob is the only other party who knows K. Therefore this signature mechanism provides authentication but not non-repudiation. However, these functions all execute very quickly ­ by design ­ and so an attacker who succeeds in obtaining the password file can usually extract passwords simply by calculating the hash of every possible password. There are about 214 six-letter English words, and so there are about 238 passwords consisting of two such words and three digits. Such passwords are usually considered rather strong, but brute-force calculation of h(p) for 238 possible values of p is quite feasible for the hashes considered so far. The goal here is to develop a hash that takes ­ ideally ­ the better part of a second to calculate even once, and which cannot easily be sped up by large precomputed tables. This means that cracking the password for one user will not expose a second user who has chosen exactly the same password, so long as the second user has a different salt s. Assuming the secure hash is actually secure, only someone in possession of the user password could have created this response. By the same token, an eavesdropper cannot figure out the password from the response. This may involve transmission of the plaintext password, which clearly allows the server to store only hashed passwords. However, as the next example shows, it is possible to authenticate without having the server store plaintext passwords and without having the plaintext password transmitted at all. The ClientKey is a hashed version of the password; what the server stores is a secure hash of the ClientKey called StoredKey: StoredKey = hash(ClientKey) the exchange begins with the server sending a random nonce string to the client. The client now calculates the ClientSignature as follows: ClientSignature = hash(StoredKey, nonce) Only an attacker who has eavesdropped on this exchange can replicate the ClientSignature, but the server can compute it. An attacker who has obtained StoredKey from the server can generate ClientSignature, but cannot generate ClientKey. While publickey encryption (29 Public-Key Encryption) is perhaps more glamorous, the workhorse of the encryption world is the shared-key cipher, or shared-secret or symmetric cipher, in which each party has possession of a key K, used for both encryption and decryption.

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Defendant did not raise this issue before trial when it could have been given thorough consideration medications used to treat anxiety purchase 250mg cefuroxime visa. Oddly enough medicine klimt cefuroxime 500 mg line, defendant did not raise this new theory of non-infringement when plaintiff moved at the outset of trial for judgment as a matter of law on infringement medications harmful to kidneys order cefuroxime 500 mg overnight delivery. This would have been the time to bring it up symptoms diagnosis discount cefuroxime uk, if defendant believed that the court had erred in deciding the motion for summary judgment by not acknowledging that the claims of a patent were limited to technology known in the art at the time of the patent application. In citing Wilson, defendant seems to overlook the significant difference between it and this case. As the quotation makes clear, the objecting party in Wilson had fully presented its arguments before the court issued its "definitive" ruling. By contrast, in this case, defendant kept the court in the dark about many of its arguments. Even if defendant had not forfeited its challenge, its argument would fail on its merits. Rather, it said, the detection depends on the nature of the reporter molecule used "and may be determined by means of colorimetric, fluorescent, radiometric detection or any other method comprised in the state of the art. Defendant cites a numbers of cases for the proposition that the literal scope of a claim term is limited to what it was understood to mean at the time of filing. Finally, defendant devotes considerable space in its post-trial briefs to arguing that the doctrine of equivalents would not apply to support a finding of infringement. A method for detecting nucleic acid sequences is construed to mean a method for determining the presence or absence of two or more nucleic acid molecules. Affymetrix and Hyseq contend that this term means determining the presence or absence of two or more nucleic acid molecules. Incyte contends that this term means a method for determining the sequence of nucleic acids as opposed to fingerprinting and mapping applications. Incyte argues that the preamble limits claims 1 and 3 to applications involving determining the nucleotide sequence of nucleic acids. The Court agrees with Affymetrix and Hyseq that the ordinary meaning of the term does not restrict the term to sequencing applications. Incyte fails to provide persuasive evidence that Affymetrix intended to use the term "detecting nucleic acid sequences" in a manner that excludes all applications other than sequencing. Plaintiffs argue that this terminology means that the compounds which are detected do not necessarily have to remain hybridized to the nucleic acid in order to permit detection of the nucleic acid. Where a dependent claim contains this kind of limitation, it is "presum[ed] that the limitation in question is not present in the independent claim," see Phillips, 415 F. Defendants construe the claim language at issue to mean "detecting said compound or compounds hybridized to said nucleic acid sample" so as to detect said nucleic acid. In other words, they argue the patent does not cover detection of the probe after it has been separated from the sample. The specification states that the invention may also be useful for diagnosing infections ("bacterial, fungus, virus, yeast, or mammal" or drug resistant organisms), i. This polynucleotide is hybridized with nucleic acid obtained from the organism under scrutiny. Failure to hybridize indicates absence of the organism or of the resistance characteristic. Hybridized nucleic acid duplexes are then identified by forming a complex between the duplex and a suitable polypeptide which carries a detectable moiety, and detecting the presence of the complex using an appropriate detection technique. Positive detection indicates that the complex, the duplex and therefore the nucleic acid sequence of interest are present. Rather, the description quoted above, including its reference to "hybridized nucleic acid duplexes" being detected, are limited to the diagnostic examples. The parties do not dispute that for detection to be possible, the vast majority of hybridized fragments must be unique sequence fragments. Nor do the parties dispute that the hybridization-and subsequent detection-must occur in a morphologically identifiable cell nucleus. The court rejected this argument, noting that the claim "focuses on the objective results of the chromosome-staining process, not the activities of researchers who monitor those results. In other words, the claimed process must permit accurate determination for each cell examined, but a researcher may aggregate the results from examining multiple cells in order to make a more global diagnosis. Adding the words "conclusive" and "authoritative" to the definition does not add clarity, and lacks support in the intrinsic record. Other than the clarification that "determine" means "determine," for each cell on which the claimed method is performed, no further construction is necessary.

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