Broad is alluding to the fact that every philosophical standpoint must confront the problem of how to treat its own defining claims, by its own lights.
But companies can frustrate the intent of the law by defining medical claims to include other expenses, including expenses typically considered part of administration.
As long as the products stay on the far side of the vague line defining "medical claims," they remain food supplements.
The element of legitimacy defines the claim that the stakeholder has on the attention of a firm (Mitchell et al., 1997).
For the purpose of this study we define a claims signature as any definition using a combination of these data queried electronically.
My work is to build an infrastructure that supports the learning that happens inside and outside of the classroom and to empower students to use a variety of tools to define and claim success in their own terms.
So long as the doctrine does not encroach beyond these limits, or beyond related limits discussed in the Court's opinion, infra, at 11-15, 20, n. 8, and 21-22, it will not vitiate the central functions of patent claims to define the invention and to notify the public of the patent's scope.
Nevertheless, none of the claims to define Vibrio coral infections as opportunistic have so far provided conclusive evidence to show that suspects (identified by molecular screening methods) found on healthy corals are in fact pathogenic (whether opportunistic or not), or that only compromised hosts become infected.
Other strengths include the study's large size, generalizability to the entire US traditional fee-for-service Medicare population with Part D coverage, the use of prescription claims to define exposures instead of self-reported drug usage, and our sensitivity analyses.
The presumption we have described, one subject to rebuttal if an appropriate reason for a required amendment is established, gives proper deference to the role of claims in defining an invention and providing public notice, and to the primacy of the PTO in ensuring that the claims allowed cover only subject matter that is properly patentable in a proffered patent application.
