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Test Commodore
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NEW Commodore 64/128 Dual Machine Diagnostic Test Harness & Cartridge L@@K |  |
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US $80.00 | 29d 11m |
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Commodore 1581 Disk Drive tested and working - SHIPPED FROM USA!!! | |
0 Bid | US $125.00 | 14h 11m |
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Commodore Amiga SCSI Oktagon Controller rev 7 2mb RAM Tested. | |
0 Bid | US $49.00 | 14h 18m |
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Commodore 64/128 1541 - 1571 - 1581 Transfer Cable 1541XM tested/working | |
0 Bid | US $25.00 | 14h 20m |
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Commodore 1581 Disk Drive tested and working | |
0 Bid | US $125.00 | 14h 20m |
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COMMODORE MODEL SX-64 Internal keyboard cable, Tested working | |
0 Bid | US $5.00 | 17h 32m |
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COMMODORE MODEL SX-64 I/O board including IC's, Tested working | |
0 Bid | US $32.49 | 17h 40m |
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COMMODORE MOD SX-64 CPU and memory board including IC's, Tested working | |
0 Bid | US $39.95 | 18h 2m |
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COMMODORE MOD SX-64 Floppy Disc controler board including IC's, Tested working | |
0 Bid | US $41.95 | 18h 8m |
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Commodore 128 computer - cleaned, tested, working w/new power supply | |
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US $99.00 | 19h 3m |
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Commodore 128 System Diskettes, CP/M System Disk, Tutorial Disk, Test/Demo Disk | |
2 Bids | US $4.95 | 19h 58m |
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Commodore 1571 floppy drive Tested Good VG condition w/ cables & more | |
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US $79.00 | 20h 56m |
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Commodore 64 Vic video chip #6567R8. tested good socket pull | |
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US $24.00 | 20h 56m |
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commodore C64 PLA 906114-01 tested good socket pull | |
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US $29.99 | 20h 56m |
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Commodore 128 Basic 8 video utilities rom chip. tested | |
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US $12.99 | 20h 57m |
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Commodore 128 the servant rom chip. easy menu.. tested | |
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US $9.99 | 20h 57m |
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Commodore 64/128 SID MIDI synth chip 6581 Tested Good!! | |
1 Bid | US $19.99 | 20h 58m |
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Heartland (Commodore) 64 / 128 5.25" Floppy Case and Disk Missing Manaul Tested | |
0 Bid | US $16.00 | 23h 8m |
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VG+ Commodore Amiga C64 Color Monitor 2002 with all cables Tested Working | |
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US $89.95 | 1d 9h 51m |
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2 COLECO GEMINI JOYSTICK CONTROLLERS - ATARI 2600 COMMODORE - TESTED & WORKING | |
1 Bid | US $.99 | 1d 19h 13m |
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MACH 128 CARTRIDGE BY ACCESS FOR COMMODORE 64 64C 128 128D TESTED & WORKING | |
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US $28.99 | 1d 19h 43m |
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Vic-20 16K RAM cartridge COMMODORE tested work VIC-1111 | |
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US $20.00 | 26d 20h 1m |
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COMMODORE VIC 20 Visible Solar System tested cartridge | |
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US $13.99 | 27d 23h 2m |
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COMMODORE 64 Complete System Tested+All Cables+Extras+Cover | |
0 Bid | US $89.99 | 2d 11h 27m |
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NEW - Commodore 64 Dead Test Cartridge by CBM 781220 | |
1 Bid | US $18.95 | 2d 17h 9m |
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COMMODORE 64C/1541-II computer system w/all cables ~ TESTED! | |
1 Bid | US $59.99 | 2d 18h 31m |
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Commodore 128 the servant rom chip. easy menu.. tested | |
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US $9.99 | 2d 20h 46m |
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Commodore 64/128 1541 Test/Demo Utility disk GC | |
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US $4.99 | 2d 20h 48m |
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Commodore 64/128 SID MIDI synth chip 6581 Tested Good!! | |
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US $29.00 | 2d 20h 48m |
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commodore C64 PLA 906114-01 tested good socket pull | |
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US $29.99 | 2d 20h 49m |
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Commodore 64 Diagnostic Test Harness & Cartridge Fully Tested & Working HTF L@@K | |
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US $65.00 | 13d 17h 21m |
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Used Clean Fully Tested Working Commodore 64 C64 VIC-20 Replacement Keyboards | |
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US $20.00 | 25d 11h 30m |
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TEST DRIVE 2 COMMODORE 64 CASSETTE CLASSIC GAME!!! | |
0 Bid | US $.97 | 3d 4h 44m |
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Warehouse Find Brand New Commodore 1541 + 1571 Test Demo Disk Commodore Original | |
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US $5.99 | 27d 6h 42m |
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Warehouse Find Brand New Commodore 1571 Test Demo Disk + Bonus Free Shipping | |
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US $4.99 | 12d 14h 41m |
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Used Fully Socketed 1983 Commodore 64 Main Board Tested Working ASSY 250407 | |
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US $50.00 | 23d 16h 59m |
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ELECTRA TRIGA COMMAND JOYSTICK ATARI 2600 COMMODORE CONTROLLER, TESTED & WORKING | |
0 Bid | US $.99 | 3d 19h 16m |
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COMMODORE VIC 20 Slot tested video game cartridge VIC-1904 fruit machine | |
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US $6.99 | 25d 15h 45m |
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Commodore 64 Games Lot 169 Games Tested Mr. Do plus more | |
1 Bid | US $14.99 | 3d 21h 28m |
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Peanut Butter Panic Game Commodore 64 Cartridge Tested Working *FREE SHIPPING* | |
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US $19.99 | 29d 23h 41m |
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Big Bird's Special Delivery Commodore 64 Cartridge Tested Working FREE SHIPPING | |
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US $19.99 | 29d 23h 39m |
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RADAR RAT RACE Cartridge Commodore 64 C64 C128 Tested Working | |
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US $8.00 | 29d 23h 35m |
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COMMODORE VIC-20 COMPUTER tested with 8K VIC-1110 EXPANDER guide 64 8bit vintage | |
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US $55.00 | 29d 22h 14m |
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COMMODORE AMIGA 500 POWER BRICK CLEAN TESTED | |
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US $22.95 | 29d 18h 47m |
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COMMODORE Plus/4 computer tested and works WITH software manuals 64 | |
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US $79.00 | 29d 18h 15m |
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COMMODORE VIC 20 Gridrunner tested video game cartridge | |
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US $17.99 | 28d 23h 14m |
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Vintage Commodore 64C Test Pilot Software Manual Computer PC | |
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US $24.99 | 28d 21h 23m |
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Commodore Vic-20 game cartridge PIPES with BOX creative software TESTED WORKS 64 | |
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US $24.00 | 28d 16h 46m |
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Commodore Vic-20 game cartridge SERPENTINE BOX creative software TESTED WORKS 64 | |
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US $24.00 | 28d 16h 46m |
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COMMODORE Vic-20 game CRUSH CRUMBLE CHOMP epyx BOX instructions TESTED WORKS | |
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US $19.00 | 28d 16h 45m |
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Truly: The Love Songs List Price: $10.99 Sale Price: $7.44  |
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All products are BRAND NEW and factory sealed. Fast shipping and 100% Satisfaction Guaranteed. Since it contains six tunes that Richie wrote and performed as lead singer of the Commodores, the title for this collection may be technically a little misleading. That said, those who appreciate Richie's instantly recognizable vocal style are unlikely to complain about the inclusion of such pop standards as "Three Times a Lady," "Still," and "Easy." Maybe it's the passage of time, but Richie's solo work sounds more emotionally satisfying than the hits he had with the group: "Hello" is still eminently soulful and "Penny Lover" has a warm and cozy feel. "Endless Love," Richie's memorable duet with Diana Ross, shows that both singers can truly deliver powerhouse vocal performances, while the oft-overlooked Commodores hit "Sweet Love" is a welcome addition to this collection. Richie may not have been in favor chart-wise for a while, but this package is a reminder of the contribution he's made as a contemporary writer of classic love songs. --David Nathan |
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Pure Funk List Price: $10.99 Sale Price: $7.04 |
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All products are BRAND NEW and factory sealed. Fast shipping and 100% Satisfaction Guaranteed. |
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Boogie Nights: Music From The Original Motion Picture List Price: $11.94 Sale Price: $8.53 |
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A three-note horn blast, a disco groove calling from the dance floor, a woman's voice charging in to sing "never, ever do I feel discouraged." It's the '70s again. You're surrounded by freedom at its most complete, and trivial. This is how Boogie Nights, a film about the rise and fall of a porn star, begins. The soundtrack consists of dance and trash pop songs playing non-stop, forming a kind of historical narrative behind the action. Vol. I rescues some great nuggets of fluff, both black and white--"Magnet and Steel" and "The Best of My Love," for example. Then, it deliberately goes too far with Night Ranger's "Sister Christian." The song, defiantly candy-ass, challenges our capacity to recycle the pop culture past. Its earnest emptiness and lack of irony make it the most uncool, and fascinating, thing on the record. --Steve Tignor 13 track soundtrack includes BEST OF MY LOVE. Small thin saw cut into spine. |
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Red Line 60103 SI-1 Fuel System Cleaner - 15 oz. List Price: $9.95 Sale Price: $9.95 |
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Red Line Oil 60103 Si-1 Fuel Inj Cleaner -15oz |
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NCAA Car Mirror Cover |
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Test Drive Sale Price: $7.99 |
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Test Drive II: The Duel Sale Price: $9.99 |
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Shinobi Sale Price: $135.80 |
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X: Beyond the Frontier List Price: $9.99 Sale Price: $57.89 |
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Looking for high-flying action in the farthest reaches of space? Well look elsewhere because you won't find it in X: Beyond the Frontier. What you will find is an almost cerebral space-exploration simulation in which players must hone their financial talent as well as their dogfighting skills--all at a pace that makes turtles seem speedy. This is not to say that X is a bad game--far from it, in fact. The game is designed to be played in a freeform fashion, much like the Commodore 64/Apple IIE classic Elite and the Privateer series. Players begin the game in a strange new universe, marooned in space after a failed test flight of Earth's first hyperspace-capable spacecraft. Alone, defenseless, and broke, players must figure out how to make money and equip themselves to fight off pirates and a warlike alien race known as the Xenon, all while exploring their new galactic surroundings. The game gives a few gentle pushes and hints to get you going, but for the most part, players decide the flow of the game for themselves. X can be trying for newcomers, since it moves along at a very slow pace. Even simple travel from one space station to another is tedious and boring until you save enough cash to upgrade your ship with time acceleration capabilities. The charm of the game lies in this pace, however, since it breaks completely from the style of Freespace 2, the Wing Commander series, and the X-Wing games from LucasArts. And while you cannot dive headlong into a 30-ship dogfight in X, you can build a financial empire by purchasing space factories that supply income. With the money you make, you can transform your ship into a weapons-laden flying fortress. This becomes necessary as you stumble across the game's plot (there is a story--and plenty of combat--but you don't really come across it right away). The graphics are a mix of staggering beauty and amateurish 3-D design. While some effects--spinning planets, glowing engine coronas, slick space stations--are truly stunning, others are not so impressive. The simplistic ship designs are disappointing, for one thing, and so is the heavily seamed nebula background visible in most star systems. The game's biggest flaw, however, is its poor documentation, which does little to educate the player on the intricacies of the game. Instead, players must discover most of the game's most important aspects on their own (how to buy and manage a factory, for example). Still, X can be a very appealing game, especially for anyone looking for a break from the adrenaline-charged space shoot-'em-ups that pervade the gaming market. The game's open-ended design and unique space-entrepreneur features make X a compelling alternative to the typical space combat game. --Michael E. Ryan Pros: Open-ended game play Slick graphics Can purchase/run factories Cons: Open-ended game play Requires patience of a saint (especially at the beginning) Can only pilot one spacecraft Poor documentation Southpeak Interactive's X: Beyond the Frontier combines 3-D environments, epic battles, diplomacy, construction, exploration, and trading into a gaming experience that will keep you intensely involved for hundreds of hours. You can follow the story line in an open or linear fashion. X: Beyond the Frontier allows you to operate 150 types of spacecraft and space stations as well as encounter up to 10,000 objects within the universe. In this game, you are the pilot of an experimental craft that accidentally drops you into an unknown sector of the universe. As you journey, you'll encounter different civilizations and experience their unique customs. But be aware: diplomacy is not always the answer. Cooperating with one race could easily make you the deadly enemy of another. Your mission is simple--stay alive. This software is BRAND NEW. Packaging may differ slightly from the stock photo above. Please click on our logo above to see over 15,000 titles in stock. |
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Bushnell Powerview 16x50 Binocular List Price: $97.95 Sale Price: $53.23 |
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The Bushnell(r) Powerview(r) Series of binoculars offers you compact, streamlined designs for bright, crisp views of wherever you're exploring. Bushnell PowerView binoculars offer the best of both worlds, combining contemporary styling and design with traditional Bushnell quality and durability. This particular PowerView binocular offers a 16x magnification--among the most powerful in its class--and a 50mm objective diameter. The fully coated optics, meanwhile, guarantee superior light transmission and brightness, helping you see just about any target, whether you're searching for birds or trying to get a better view of the stage. And users will love the patented InstaFocus focusing system, which holds your subject in sharp focus with a touch of the fingertip. Additional features include a nonslip rubber armor housing that absorbs shock while providing a firm grip, a neck strap and a carrying case for easy transport, and 10mm of eye relief. Specifications: Magnification: 16x Objective lens diameter: 50mm Size class: Standard Focus system: InstaFocus Prism system: Porro Prism glass: BK-7 Lens coating: Multi Field of view @ 1,000 yards: 182 feet Close focus distance: 35 feet Exit pupil: 3.1mm Eye relief: 10mm Eyecups: Fold down Waterproof/fogproof: No Adapts to tripod: Yes Weight: 29 ounces Warranty: Limited lifetime The Bushnell 16x50 Powerview binoculars are easy to hold and easy to use for the general and outdoor user. They allow you to view an expanse of 182 feet from 1,000 yards away. The Bushnell Powerview 16x50 comes with soft rubber covering and the patented Insta-Focus focusing system. With Insta-Focus, a touch of the fingertip is all it takes to hold your subject in sharp focus. These binoculars come with a neck strap and carrying case. |
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The Commodore (Vol. Book 17) (Aubrey/Maturin Novels) List Price: $24.00 Sale Price: $3.40 |
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After several installments of gallivanting around the South Seas, Aubrey and Maturin return home to England, where the surgeon-cum-intelligence-agent discovers that his wife has disappeared. As if such a domestic crisis weren't enough, the intrepid pair are also dispatched to the Gulf of Guinea (to suppress the slave trade) and to Ireland (to rebuff an impending French invasion.) O'Brian's stunning range, coupled with his mind-bending command of minutiae, explain why James Hamilton-Paterson has called him "the Homer of the Napoleonic Wars." The seventeenth novel in the best-selling Aubrey/Maturin series of naval tales, which the New York Times Book Review has described as "the best historical novels ever written."Having survived a long and desperate adventure in the Great South Sea, Captain Jack Aubrey and Stephen Maturin return to England to very different circumstances. For Jack it is a happy homecoming, at least initially, but for Stephen it is disastrous: his little daughter appears to be autistic, incapable of speech or contact, while his wife, Diana, unable to bear this situation, has disappeared, her house being looked after by the widowed Clarissa Oakes. Much of The Commodore takes place on land, in sitting rooms and in drafty castles, but the roar of the great guns is never far from our hearing. Aubrey and Maturin are sent on a bizarre decoy mission to the fever-ridden lagoons of the Gulf of Guinea to suppress the slave trade. But their ultimate destination is Ireland, where the French are mounting an invasion that will test Aubrey's seamanship and Maturin's resourcefulness as a secret intelligence agent. The subtle interweaving of these disparate themes is an achievement of pure storytelling by one of our greatest living novelists. |
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Breaking Open Japan: Commodore Perry, Lord Abe, and American Imperialism in 1853 List Price: $25.95 Sale Price: $10.03 |
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On July 14, 1853, the four warships of America's East Asia Squadron made for Kurihama, 30 miles south of the Japanese capital, then called Edo. It had come to pry open Japan after her two and a half centuries of isolation and nearly a decade of intense planning by Matthew Perry, the squadron commander. The spoils of the recent Mexican Spanish–American War had whetted a powerful American appetite for using her soaring wealth and power for commercial and political advantage. Perry's cloaking of imperial impulse in humanitarian purpose was fully matched by Japanese self–deception. High among the country's articles of faith was certainty of its protection by heavenly power. A distinguished Japanese scholar argued in 1811 that "Japanese differ completely from and are superior to the peoples of...all other countries of the world." So began one of history's greatest political and cultural clashes. In BREAKING OPEN JAPAN, George Feifer makes this drama new and relevant for today. At its heart were two formidable men: Perry and Lord Masahiro Abe, the political mastermind and real authority behind the Emperor and the Shogun. Feifer gives us a fascinating account of "sealed off" Japan and shows that Perry's aggressive handling of his mission had far reaching consequences for Japan – and the United States – well into the twentieth if not twenty–first century. |
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Gry na platform Commodore 64: Football Manager, Donkey Kong, Test Drive, Tetris, Hat Trick, Pac-Man, Contra, Grand Prix Circuit, Lotus, King's ... North & South, Galaxian (Polish Edition) List Price: $14.14 Sale Price: $14.14 |
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ŹródÅo: Wikipedia. Strony: 30. RozdziaÅy: Football Manager, Donkey Kong, Test Drive, Tetris, Hat Trick, Pac-Man, Contra, Grand Prix Circuit, Lotus, King's Bounty, Rush'n Attack, Zork, Mario Bros., SimCity, Skool Daze, Montezuma's Revenge, North & South, Galaxian, 1942, River Raid, Salamander, Ultima V, Ultima I, Boulder Dash, The Great American Cross-Country Road Race, The Fantastic Adventures of Dizzy, Beyond Castle Wolfenstein, Miecze Valdgira II, Neuromancer, Laser Squad, James Pond 2: Codename RoboCod, Sid Meier's Pirates!, Shadow of the Beast, Maniac Mansion, Magicland Dizzy, Test Drive II: The Duel, Speedball, Blues Brothers, Pitstop II, Arkanoid, Might and Magic: The Secret of the Inner Sanctum, Wasteland, Sabre Wulf, Ugh!, International Karate, Pole Position, Dig Dug, Karateka, Ultima II, International Karate +, Great Giana Sisters, Starquake, Operation Wolf, Gyruss, Lode Runner, Peter Pack Rat, Nebulus, Pitfall II: Lost Caverns, Moon Patrol, Aliens: The Computer Game, Cybotron, Bubble Dizzy, Falcon Patrol II, Dynamite Dan, Frogs and Flies, TRAZ. Fragment: Football Manager (w USA i Kanadzie Worldwide Soccer Manager) - seria gier komputerowych z gatunku managerów piÅkarskich. PowstaÅa po rozpadzie duetu SI Games - Eidos, który stworzyÅ Championship Managera. Pierwsza firma odpowiedzialna byÅa za tworzenie gry, druga za jej wydawanie. Ostatnim dzieÅem sygnowanym znakami zarówno SI, jak i Eidosa, byÅ Championship Manager 4 2003/2004. RozÅam doprowadziÅ do powstania dwóch konkurencyjnych gier: Championship Managera 5, stworzonego od zera przez w zasadzie anonimowe Beautiful Game Studios (studio programistyczne wynajÄte przez Eidos Interactive, który zachowaÅ prawa do nazwy) oraz Football Managera 2005. Ta ostatnia gra, stworzona jest przez SI Games, a wydawana przez korporacjÄ Sega. W Polsce dystrybucjÄ wszystkich gier tworzonych przez Sports Interactive, w tym i wszystkich odsÅon Football Managera, zajmuje siÄ firma CD Projekt z siedzibÄ w Warszawie. Po roz... |
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NCAA Canvas Chair List Price: $24.99 |
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Take a load off and watch the game in comfort with the NCAA® canvas chair from Logo Chair®. The reliable canvas chair has an increased seat size of 22" x 22" and uses a .9-mm white powder-coated frame with a weight capacity of 225 lbs. The 600 x 300 denier canvas material allows for long-lasting durability, while arm rests are adjustable for maximum comfort. The team-colored chair is decorated with the team logo. |
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NCAA Classic Fleece Blanket List Price: $19.99 |
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Watching the game is fun, but being cold while you're watching isn't. Keep nice and toasty with this NCAA® classic fleece blanket from Logo Chair®. The durable polyester blanket is decorated with sublimated graphics so the team colors and logo will hold up wonderfully over time. |
Having a sluggish PC is one inconvenient scenario that all of us wants to stay clear of. The problem is, the fall in performance of our systems can not be prevented easily. It is even worse if we don't realize what is the cause of the problem and don't know about Windows registry cleaners. If you've experienced your machine beginning to operate sluggishly or in worse cases, it encounters "freezing", then the actual issue is commonly the inbuilt database we call the registry.
The PC registry is the database built into every computer where the Windows OS stores a lot of it's information and settings. The system registry is modified any time you are on your machine - when you go web surfing, when you install drivers, when you use or delete programs. In other words, the registry stacks up with a lot of modified entries every moment you run the computer. This flood of modified data bogs down the system, causing your machine to become slow. When the Windows registry is not regularly cleaned with a Windows registry cleaner, then the messy registry could even cause lock-ups and total crashes.
If you're suffering any of these difficulties, then the smartest solution is to use a Windows registry cleaner. These tools are simple-to-use software that will check and fix the registry requiring only a couple of mouse clicks. You won't need to boggle your mind with any technical stuff; you just need to use the Windows registry cleaner on your slow PC and you can restore your machine to like-new. You could easily download a Windows registry cleaner online; you also have the choice to download a free product or to buy a more reliable product. But, purchasing one is the smartest choice especially if you hope to avoid a registry cleaner that only does a basic level of cleaning.
So, Where To Now?
You will love our reviews where we answer What Is The Best Registry Cleaner?. We have done all the hard-work for you, downloading each cleaner, using them on a test machine, and showing to you the actual results and our expert opinion.
Visit http://TheBestRegistryCleaner.com/ for expert reviews and free downloads.
Shin Kong Wedbsuh - Full Story On The Eli Lilly And Company V Human Genome Sciences Inc
Jacob LJ, giving his judgment for the Court of Appeal with which the other members of the court agreed, has upheld the decision of Kitchin J that the patent-in-suit was invalid for lack of industrial application. Jacob LJ suggested the case illustrates the dangers of allowing patenting "too far upstream". A patent to an isolated gene sequence without a plausible and precise disclosure of how it can be used is contrary to Art. 52 of the European Patent Convention (EPC). It will subvert the patent system by reserving an unexplored field of research for an applicant, thereby preventing research rather than encouraging it.
The court held the patent invalid despite the Technical Board of Appeal of the European Patent Office (EPO) holding the patent valid just a few months earlier. Jacob LJ emphasised that while the UK courts follow any principles of law clearly laid down by the Boards of Appeal, they "are not bound to follow, or even give deference to, the Board's findings of fact". He reviewed and applied the legal principles established by the Boards regarding industrial application but stressed that the Boards repeatedly held that each case must be decided on its own facts. Preferring the findings of fact of Kitchin J over the Board's, Jacob LJ stressed that the High Court's scrutiny of evidence is more thorough and that the Board's decision rested partly on evidence not before the UK courts. He also respectfully disagreed with specific findings of the Board.
Background
Human Genome Sciences Inc's patent identified a protein, antibodies to it and the polynucleotide sequence encoding for it together with a great number of potential applications. In 2008, in an action brought by Eli Lilly and Company, Kitchin J held at first instance that the patent was invalid. The Opposition Division of the EPO also held the patent invalid. In October 2009, the Technical Board of Appeal of the EPO held more restricted claims of the patent valid.
Industrial Application
The court applied the principle set out in legislation that a gene sequence is not patentable without a disclosure of how it can be used. Reviewing a number of key Board decisions, the court held that the disclosure (in the light of the common general knowledge) must be both plausible and sufficiently precise. These are questions of fact and degree. "Plausible" requires "some real reason for supposing that the statement is true".
Under Art. 52 of the EPC, an invention is only patentable if it is "susceptible of industrial application" ("capable" of industrial application under s. 1 of the Patents Act 1977). Art. 57 of the EPC provides that "[a]n invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture."
Art. 5 of the Biotech Directive (99/44EC) provides:
- The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions.
- An element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element.
- The industrial application of a sequence or partial sequence of a gene must be disclosed in the patent application.
Recitals 22-24 explain:
22..... Whereas the industrial application of a sequence or partial sequence [of a gene] must be disclosed in the patent application as filed
23.Whereas a mere DNA sequence without indication of a function does not contain any technical information and is therefore not a patentable invention;
24.Whereas, in order to comply with the industrial application criterion it is necessary in cases where a sequence or partial sequence of a gene is used to produce a protein or part of a protein, to specify which protein or part of a protein is produced or what function it performs.
Jacob LJ described Art. 5.3 as a key provision, and summarised the effect of the legislation as: "However clever and inventive you may have been in discovering a gene sequence, you cannot have a patent for it or for the protein for which it encodes if you do not disclose how it can be used."
Jacob LJ reviewed six key Board decisions involving DNA sequences and proteins discovered by bioinformatics and set out ten propositions distilled by Kitchin J from these authorities and others:
- The notion of industry must be construed broadly. It includes all manufacturing, extracting and processing activities of enterprises that are carried out continuously, independently and for commercial gain (Max-Planck).
- However, it need not necessarily be conducted for profit (Chiron [1996] RPC 535) and a product which is shown to be useful to cure a rare or orphan disease may be considered capable of industrial application even if it is not intended for use in any trade at all (ZymoGenetics).
- The capability of industrial exploitation must be derivable by the skilled person from the description read with the benefit of the common general knowledge (Genentech).
- The description, so read, must disclose a practical way of exploiting the invention in at least one field of industrial activity (/Max-Planck; Salk Institute T 338/00).
- More recently, this has been re-formulated as an enquiry as to whether there is a sound and concrete basis for recognising that the contribution could lead to practical application in industry. Nevertheless, there remains a need to disclose in definite technical terms the purpose of the invention and how it can be used to solve a given technical problem. Moreover, there must be a real prospect of exploitation which is derivable directly from the specification, if not already obvious from the nature of the invention or the background art (ZymoGenetics; Bayer T 1452/06).
- Conversely, the requirement will not be satisfied if what is described is merely an interesting research result that might yield a yet to be identified industrial application (Salk Institute). A speculative indication of possible objectives that might or might not be achievable by carrying out research is not sufficient (Max-Planck). Similarly, it should not be left to the skilled reader to find out how to exploit the invention by carrying out a research programme (/ZymoGenetics).
- It follows that the purpose of granting a patent is not to reserve an unexplored field of research for the applicant (Max-Planck) nor to give the patentee unjustified control over others who are actively investigating in that area and who might eventually find ways actually to exploit it (ZymoGenetics).
- If a substance is disclosed and its function is essential for human health then the identification of the substance having that function will immediately suggest a practical application. If, on the other hand, the function of that substance is not known or is incompletely understood, and no disease has been identified which is attributable to an excess or a deficiency of it, and no other practical use is suggested for it, then the requirement of industrial applicability is not satisfied. This will be so even though the disclosure may be a scientific achievement of considerable merit (Max-Planck).
- Using the claimed invention to find out more about its own activities is not in itself an industrial application (Max-Planck).
- Finally, it is no bar to patentability that the invention has been found by homology studies using bioinformatics techniques (ZymoGenetics) although this may have a bearing on how the skilled person would understand the disclosure.
Although Jacob LJ did not expressly approve these propositions, the judgment does not contradict them. In his own review of the authorities, Jacob LJ drew out more general principles. The disclosure of the industrial application must be plausible and specific. What specification is sufficient depends on the facts of the case and involves a question of degree. Although not mentioned in the legislation, the term "plausible" has been repeatedly touched on by the Board. Referring to the definition in the Oxford English Dictionary, Jacob LJ concluded that "[m]ore than 'not incredible' is required - there must be some real reason for supposing that the statement is true". In addition, the statement must be sufficiently precise to be a real practical use such that "[y]ou are not left to find out what that use is".
Jacob LJ also noted that after-patent work showing that a mere speculation within the patent was in fact correct cannot be used to supplement the disclosure in the patent (John Hopkins). He suggested, conversely, that after-patent work of the inventors showing they later "had no real idea of what the invention was for" is a "powerful indication" that the disclosure was insufficient.
On the facts, the court held the patent to be invalid for failure to give plausible disclosure of industrial application. Jacob LJ noted the conclusions of Kitchin J, including that the patent "contains extravagant and sometimes contradictory claims ... from treating cancer to treating worms", that "the skilled person would come to the conclusion that the inventors had no idea as to the activity of [the protein] when drafting the Patent" and that the common general knowledge failed to indentify "any disease or condition which [the protein] could be used to diagnose or treat." Jacob LJ held that, although the protein was connected with a superfamily of proteins in the patent, "the biological effects and activities of that family were so poorly understood that any actual use should be regarded as purely speculative".
The court also rejected that, on the facts, "a kernel of more substance" within the patent amounted to a sufficient disclosure of industrial application. Kitchin J and the Board identified the same "kernel": that the members of the superfamily would be expressed on and co-stimulate proliferation of certain cells. However, the common general knowledge only identified potential uses for particular members of the superfamily. On that basis, it was "too speculative" to suggest a newly found member of the superfamily would have a practical use. Moreover, Jacob LJ noted there was no evidence from the parties "that a skilled man would approach the patent with the ability to distinguish the kernel from the rest".
The UK courts and the Boards of Appeal
Jacob LJ encouraged co-operation between national courts, the EPO and parties to identify and fast track commercially urgent and important cases within the bulk of oppositions started on a precautionary basis only. He then explored the weight UK courts should place on decisions of the Boards of Appeal, concluding that the courts should defer only on principles of law not questions of fact and degree.
Jacob LJ acknowledged that the UK courts follow any principle of law clearly laid down by the Boards unless "sure that the commodore is steering the fleet on to the rocks". However, he stressed that under the EPC system "national courts are the final judges of validity of a patent which has survived the EPO". Referring to Lord Hoffmann's judgment in Conor v Angiotech, Jacob LJ noted that national courts can differ on the facts from the Boards. Jacob LJ stressed, in particular, Hoffman's words "[s]ometimes one is dealing with questions of degree over which judges may legitimately differ", taking from this a clear indication that in this position "the national court is free to go on its own evaluation rather than give deference to a [Board's] assessment".
Moreover, Jacob LJ set out the procedural advantages of the UK courts over the Boards. Jacob LJ explained English procedure requires each side to marshal all its expert, factual evidence and arguments for trial at first instance. The evidence is thoroughly tested by cross-examination and the court may, for complex subject matter, appoint a scientific advisor. On appeal, new evidence is only admissible in very exceptional circumstances and the Court of Appeal gives considerable deference to the lower court's finding of fact and to its value judgments. He noted that similar approaches to appeals were proposed for the European Patents Court of Appeal and adopted for appeals from the Bundespatentsgericht. Jacob LJ contrasted the UK procedure with the "coarse filter" of the Boards, before which there is no cross-examination or compulsory disclosure. He noted that the Boards allow more latitude for fresh material on appeal and was concerned by anecdotal evidence suggesting inconsistencies in the latitude extended.
Concluding from the key cases that sufficient disclosure of industrial application is a question of fact and degree, Jacob LJ indeed chose to go on the UK court's own evaluation rather than defer to the Board's assessment. Jacob LJ held that the decision of Kitchin J on the evidence before him "cannot be faulted". The Board's decision was based at least in part on fresh evidence not before Kitchin J or the Court Appeal and not tested by cross-examination before the Board. Finally, Jacob LJ respectfully disagreed with a number of Board's conclusions regarding evidence before both the Board the UK court.
Comment
We have often reported conflicting views of the UK courts and the EPO, most notably regarding the patentability of computer programs. Here, the Court of Appeal has gone its own way again. The language is respectful and the judgment includes a call for greater co-operation to encourage fast tracking of commercially urgent and important cases. However, Jacob LJ expresses no reluctance or regret in not following the Board in this case.
The legal principle that the UK courts should not defer to the Board in questions of degree is forcefully set out and supported by an unfavourable comparison of the approach to evidence of the Board to that of the UK court. There is even a touch of disrespect in the respectful disagreement when Jacob LJ addresses the "last minute" affidavit admitted by the Board which was "of course ... never tested by cross-examination" and the Board's failure to address a particular paper which it "either overlooked (or did not have)". From this we can conclude that, regarding the validity of EP (UK) patents, the UK court is "for real" (as Jacob LJ put it). Jacob LJ contrasted this with "shadow boxing". Was he thinking of the EPO?
About the Author
David Brown is the Chief Investment Strategist and Director of Equities at Shin Kong Wedbush in Taipei. David is currently managing a top tier team of equities traders and analysts that are dedicated to managed high net worth and hedge fund accounts.
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To contact the financial analyst on this story: David Brown at Shin Kong Wedbush in Taiwan at : Shin Kong Wedbsuh
What do you think of this footage?
I found footage of Dale Jr testing a Holden Commodore V8 Supercar on YouTube. What do think of it? Not too shabby since the steering wheel's on the wrong side of the car.http://www.youtube.com/watch?v=gtNIOVDkY7M
Wedge that was pretty dang cool, I'd say he did a bloody bang up job there, yeah steering wheel on the wrong side, and doing all that shifting, yep Dale Jr can drive a Super V8. Thanks for the link. the 14 yr old computer freak over here tonight did something out of the wild blue yonder and totally outta of my low tech blonde head, and put this on my big screen TV, now that was super cool, and sounded great.
Go Dale Jr & Hms in 2009
Yacht that launched the America's Cup
Where did she come from? New York town.
Thanks for visiting!
