fd
F.2d.abbr. The second series of the Federal Reporter, which includes federal appellate decisions from 1924 to 1993.
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Markush claim
A patent claim that includes elements listing alternative chemicals, materials, or steps in a process. • A Markush claim typically has language such as “selected from the group consisting of.” The alternatives must all give the same result, rather than patentably distinct products. The name derives from Ex parte Markush, 1925 Dec. Comm’r Pat. 126.
cost insurance and freight
cost, insurance, and freight. A mercantile-contract term allocating the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk of loss, whereby the seller must (1) clear the goods for export, (2) arrange for transportation by water, (3) procure insurance against the buyer’s risk of damage during
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substitute specification
A patent specification that is rewritten (1) to include amendments made to the specification after filing; (2) to replace an illegible or unreadable original; or (3) to prepare the papers for printing. • A substitute specification must be accompanied by a statement that it contains no new matter, and by a copy showing what has
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economic realities test
economic-realities test. A method by which a court determines the true nature of a business transaction or situation by examining the totality of the commercial circumstances. • Courts often use this test to determine whether a person is an employee or an independent contractor. Factors include whether the alleged employer controls the details of the
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pondere numero et mensura
pondere, numero, et mensura (pon-d[schwa]r-ee, n[y]oo-m[schwa]r-oh, et men-s[y]uur-[schwa]). [Latin] Hist. By weight, number, and measure. • The phrase appeared in reference to methods for determining fungibles. “Pondere, numero, et mensura…. These are the tests proposed by our law, by which to ascertain whether a certain subject falls within that class of subjects known as fungibles,
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land use regulation
land-use regulation. An ordinance or other legislative enactment governing the development or use of real estate. — Also spelled landuse regulation. [Cases: Zoning and Planning 1. C.J.S. Zoning and Land Planning §§ 2, 5–7, 17–18.] “Public regulation of the use and development of land comes in a variety of forms which generally focus on four
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fee farm
fee farm. Hist. A species of tenure in which land is held in perpetuity at a yearly rent (fee-farm rent), without fealty, homage, or other services than those in the feoffment. — Also termed feodi firma; firma feodi. See EMPHYTEUSIS. “Now to all appearance the term socage, a term not found in Normandy, has been
right of family integrity
right of family integrity. A fundamental and substantive due-process right for a family unit to be free of unjustified state interference. • While not specifically mentioned in the U.S. Constitution, this right is said to emanate from it. The contours of the right are nebulous and incompletely defined, but it at least includes the right
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reproductive rights
reproductive rights. A person’s constitutionally protected rights relating to the control of his or her procreative activities; specif., the cluster of civil liberties relating to pregnancy, abortion, and sterilization, esp. the personal bodily rights of a woman in her decision whether to become pregnant or bear a child. • The phrase includes the idea of
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