witnesseth, vb. Shows; records. • This term, usu. set in all capitals, commonly separates the preliminaries in a contract, up through the recitals, from the contractual terms themselves. Modern drafters increasingly avoid it as an antiquarian relic. Traditionally, the subject of this verb was This Agreement: the sentence, boiled down, was This Agreement witnesseth [i.e., […]
A drawing that does not comply with the formatting requirements of the U.S. Patent and Trademark Office. • A drawing may be submitted as informal by the patent applicant, or declared informal by the PTO Drafter. Cf. formal drawing.
form, n. 1. The outer shape or structure of something, as distinguished from its substance or matter (courts are generally less concerned about defects in form than defects in substance). 2. Established behavior or procedure, usu. according to custom or rule (the prosecutor followed the established form in her closing argument). 3. A model; a
his. Properly a possessive pronoun of the masculine gender, but traditionally used and construed to include both sexes. • Because of the trend toward nonsexist language, careful drafters now generally avoid using his (and the personal pronouns he and him) unless the reference is only to a male person.
Interpretation arrived at by asking the drafter or drafting body what the intended meaning was.
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best-evidence rule. The evidentiary rule providing that, to prove the contents of a writing (or a recording or photograph), a party must produce the original writing (or a mechanical, electronic, or other familiar duplicate, such as a photocopy) unless it is unavailable, in which case secondary evidence — the testimony of the drafter or a
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absurdity, n. The state or quality of being grossly unreasonable; esp., an interpretation that would lead to an unconscionable result, esp. one that the parties or (esp. for a statute) the drafters could not have intended and probably never considered. Cf. GOLDEN RULE.
A drawing that complies with the formatting requirements of the U.S. Patent and Trademark Office, as set forth in 37 CFR § 1.84, and is stamped “Approved” by the PTO Drafter. Cf. informal drawing.
include, vb. To contain as a part of something. • The participle including typically indicates a partial list (the plaintiff asserted five tort claims, including slander and libel). But some drafters use phrases such as including without limitation and including but not limited to — which mean the same thing. See NAMELY.
comment, n. 1. NOTE(2). 2. An explanatory statement made by the drafters of a particular statute, code section, or rule. [Cases: Statutes 211.] — commentator, n.