Sentences with phrase «of ordinary skill»

In order to establish medical malpractice, the plaintiff must prove that a medical professional caused injury by doing something that a medical professional of ordinary skill, care, and diligence would not have done under similar circumstances.

A prior art reference also invalidates a patent claim when the claimed invention necessarily results from practice of the subject of the prior art reference, even if the result was unrecognized and unappreciated by one of ordinary skill in the field of the invention.

First, you must decide the level of ordinary skill in the field of the invention that someone would have had at the time the claimed invention was made.

Remember that prior art is not limited to patents and published materials, but includes the general knowledge that would have been available to one of ordinary skill in the field of the invention.

Anticipation also occurs when the claimed invention inherently (necessarily) results from practice of what is disclosed in the written reference, even if the inherent disclosure was unrecognized or unappreciated by one of ordinary skill in the field of the invention.

«In patent law, PHOSITA is a mythical person of ordinary skill in the art.

If the prior art does not describe using the compound (or another compound that one of ordinary skill in the art might expect to act similarly) to treat diabetes in any way, then the method might be as broad as any way of treating diabetes with the compound.

The Federal Circuit stresses that, as Judge Posner recognized, «the plain meaning of «server,» when viewed from the perspective of a person of ordinary skill in the art, entails a client - server relationship», and points to Fig. 1 of the patent specification, which shows an analyzer server as a separate module (item 165, «program of the present invention») from the «application» (item 167).

Since the late 1800s, the courts had consistently held that liability would be imposed on attorneys for want of such skill, prudence and diligence as lawyers of ordinary skill and capacity commonly possess and exercise.

Not exact matches

Would someone with ordinary skills in the field of your invention consider your invention unobvious — that is, surprising?

Ordinary metrics such as calls per day and minutes per call are a decent starting point, but they alone are not comprehensive enough to paint a complete picture of the skills of any particular sales rep.. So, consider incorporating lesser - used metrics into your performance tracking, such as voicemail - return rate, dial - to - opportunity percentage and dials - to - appointments ratio.

The alternative communities that provide a variety of options for professionals and others with high skill levels are simply not available to the ordinary unskilled person.

So far he's produced the odd flash of skill in very ordinary performances.

Instead of removing children from their day - to - day lives for treatment, both The Wright School and Hope Creek Academy emphasize helping students develop skills within the context of ordinary activities: academics, chores and, of course, fun.

But new research from a spate of economists, psychologists, neuroscientists and educators has found that the skills that see a student through college and beyond have less to do with smarts than with more ordinary personality traits, like an ability to stay focused and control impulses.

Hundreds of ordinary families in the US in the early 1970s helped to develop these extraordinary skills to prepare the pregnant body to give birth and to work through the birth journey any baby takes with the mother.

Her legal and campaigning skills, and the trust that she has gained from many ordinary Britons, will be a considerable asset to the House of Lords.»

Computer - enhanced science testing is becoming more popular as a way to assess knowledge and skills that ordinary paper and pencil tests can not measure, but research on the actual effectiveness of online testing is limited.

But UC contends it was «obvious» to extend the prokaryote work to eukaryotes, which is the heart of the Broad patents, and Broad contends that there was no reasonable expectation of success by people who had ordinary skill in the art.

Television shows, cooking blogs and food magazines are testament to the ever - improving skills of the domestic cook (who is certainly no ordinary cook anymore) as well as the growing foodie culture that is leaving our tastebuds craving another spoonful of decadence.

My goal was to improve my skills and make sure I recorded the ordinary moments of my children's days.

But through a maternal prism, Tilda Swinton makes sure they're understood, with skill sly enough to register strongly in the most ordinary of roles.

In the skilled hands of Ruckster's Customs this ordinary commuter is turned into something from outer space.

«The Queen» (2006) is a movie in which Helen Mirren, a British actress of limitless skills, often seen as a very ordinary person, plays the Queen of England.

It's the only time we ever get to see things from Myers» point of view as we then spend the rest of the film trying to evade the unrelenting nature of him.Carpenter has a knack for delivering genuine chills but his real skill is in making the ordinary, «safer» moments just as scary.

V For Vendetta director James McTeigue takes a turn for the gritty with this home - invasion thriller about a seemingly ordinary mother (Gabrielle Union) who displays some extraordinary survival skills after she and her kids are attacked and held hostage by a gang at her late father's fortress of a mountain home.

Affleck plays a brilliant, but out of the ordinary obsessive compulsive assassin and math savant who gains Batman like combat skills only far more grueling.

Content with an ordinary existence, McCall resurrects his special skill set after Teri (Chloë Grace Moretz), an indentured young prostitute he's befriended, suffers a serious beating at the hands of her pimp.

Your preferred pedagogy, curriculum, approach, or technology has to be within the skills of ordinary teachers to implement well and effectively.

An ordinary day in the life of Clark and her school reveals the enormously diverse challenges a principal faces — and the remarkable skill set a principal needs to be good at the job.

Using this strategy, even with the ordinary worksheet, is an example of requiring students to engage in critical thinking, communication skills, and collaboration.

For example, unlike ordinary cars, the two mid / high range speakers are in different spots in each door of the Stingray, forcing Bose tuning skills to make sure sound is reproduced optimally.

These days it is very ordinary for students to search for Quality Assignment Writing Services to throw out their daily Assignment writing task which is mostly provided with deadlines because completion of this task needs a lot of skills and knowledge and all of us are not accomplished by birth.

In straightforward prose that evokes her subject's devotion to his craft, Loney details VanDerZee's first experiences taking pictures as a boy in Massachusetts; his job working in a New Jersey studio darkroom, where he honed his skills; and his years as a renowned portraitist whose specialty was transforming ordinary photographs into works of art.

In Uncovering Hedge Fund Skill from the Portfolio Holdings They Hide, a paper to be published in the upcoming Journal of Finance (or see a February 2012 version on the SSRN), authors Vikas Agarwal, Wei Jiang, Yuehua Tang, and Baozhong Yang ask whether confidential holdings exhibit superior performance to holdings disclosed on a 13F in the ordinary course.

Only thing I want to add is that a lot of investment properties are owned by «ordinary» people, not skilled investors.

This fun, out of the ordinary class takes your dog's good manners skills to the next level.

In - home consultations for ordinary behavior issues; life skills training; classes and consultations for aggressive, reactive and separation distressed dogs; consultations on managing multiple - dog households, choosing the right kind of dog and puppy socialization; Puppy Start Right classes

However, if the task calls for highly specialized skills that ordinary dogs simply can not be trained to do in a short period of time, then you will need a service dog.

- level cap raised from 130 to 150 - adds a new weapon skill: God Vessel (allows you to raise the attack power of a regular weapon to the same level as a Hero's unique weapon), available via a random drop - adds new Blessings - Speed Blessing, Luck Blessing: increase Speed / Luck - Healing Blessing: allows all units to automatically recover some HP, little by little - Transport Blessing: increases the amount of materials you can earn from drops - Master Blessing: increase the number, level, quality, and number of skills, of weapons earned via drops - Ordinary Materials Blessing: makes it easier to get ordinary / common materials from drops - Infernal Blessing: raises the level of all enemiesOrdinary Materials Blessing: makes it easier to get ordinary / common materials from drops - Infernal Blessing: raises the level of all enemiesordinary / common materials from drops - Infernal Blessing: raises the level of all enemies to Lvl.

Richard Hughes is known for his exceptional skill to turn ordinary, sometimes slightly repulsive objects that might be found in a hovel of a rooming house or unceremoniously dumped by the side of the road «'' bleak monuments to abused domestic or public spaces «'' into narrative sculptures.

His father Lewis Colson was a social worker but was also a skilled mechanic and inventive with makeshift repairs and adapting materials to new uses — which inspired his son's appreciation of the ordinary and the rejected.

His skill was to convert arrays of ordinary materials into abstract universes.

To bridge this knowledge - skills gap she conceived of the Wangari Maathai Institute, now constituted at the University of Nairobi — a place where academics could better connect with the communities they sought to transform, and ordinary men and women might learn how best to interact with the environment in a way that sustains their livelihoods and provides economic sustainability.

Accordingly, as relatively «right - leaning» individuals become progressively more proficient in making sense of scientific information (a facility reflected in their scores on the Ordinary Science Intelligence assessment, which puts a heavy emphasis on critical reasoning skills), they become simultaneously more likely to believe there is «scientific consensus» on human - caused climate change but less likely to «believe» in it themselves!

Legal malpractice in the 7th Edition of Black's defined as: «A lawyer's failure to exercise the degree of care and skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances.

«Ordinary» people want to be able to trust that the law societies will ensure that the professionals they regulate are not only of the best quality in skill but also in character.

California defines «negligence» as actions or inactions which show a, «want of ordinary care or skill in the management of his or her property or person.»

«I conclude that a witness with special skill, knowledge, training, or experience who has not been engaged by or on behalf of a party to the litigation may give opinion evidence for the truth of its contents without complying with rule 53.03 where: the opinion to be given is based on the witness's observation of or participation in the events at issue; and the witness formed the opinion to be given as part of the ordinary exercise of his or her skill, knowledge, training and experience while observing or participating in such events,» wrote Justice Janet Simmons on behalf of the court.

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