Exploiting Abstract Possibilities: A Critique of the Concept and Practice of Product Patenting

Developments in biotechnology and genomics have moved the issue of patenting scientific and technological inventions toward the center of interest. In particular, the patentability of genes of plants, animals, or humans and of genetically modified (parts of) living organisms has been discussed, and questioned, from various normative perspectives. This paper aims to contribute to this debate. For this purpose, it first explains a number of relevant aspects of the theory and practice of patenting. The focus is on a special and increasingly significant type of patents, namely product patents. The paper provides three general arguments against the concept and practice of product patenting. The first argument briefly considers the claim that patents are legitimate because they promote socially useful innovation. Against this claim, it is argued that product patents may hamper rather than promote such innovation. The second and main argument concludes that product patents are not adequately based on actual technological inventions, as they should be according to the usual criteria of patentability. The principal moral issue is that product patents tend to reward patentees for inventions they have not really made available. The final argument proposes a method for patenting the heat of the sun. Assuming that granting this patent will be generally considered absurd, the argument exposes a further, fundamental problem of the concept and practice of product patenting.     

TEMPORAL CHANGES IN THE YADKIN RIVER FLOW VERSUS SUSPENDED SEDIMENT CONCENTRATION RELATIONSHIP1

ABSTRACT: Dynamic linear models (DLM) and seasonal trend decomposition (STL) using local regression, or LOESS, were used to analyze the 50‐year time series of suspended sediment concentrations for the Yadkin River, measured at the U.S. Geological Survey station at Yadkin College, North Carolina. A DLM with constant trend, seasonality, and a log₁₀ streamflow regressor provided the best model to predict monthly mean log₁₀ suspended sediment concentrations, based on the forecast log likelihood. Using DLM, there was evidence (odds approximately 69:1) that the log₁₀ streamflow versus log₁₀ suspended sediment concentration relationship has changed, with an approximate 20 percent increase in the log₁₀ streamflow coefficient over the period 1981 to 1996. However, sediment concentrations in the Yadkin River have decreased during the decade of the 1990s, which has been accompanied by a concomitant increase in streamflow variability. Although STL has been shown to be a versatile trend analysis technique, DLM is shown to be more suitable for discovery and inference of structural changes (trends) in the model coefficient describing the relationship between flow and sediment concentration.     

End‐state land uses,sustainably protective systems,and risk management: A challenge for remediation and multigenerational stewardship

This article discusses creating a sustainably protective engineered and human management system in perpetuity for sites with long‐lived radiological and chemical hazards. This is essential at this time because the federal government is evaluating its property as assets and attempting to reduce its holdings, while seeking to assure that health and ecosystems are not put at risk. To assist those who have a stake in the remediation, management, and stewardship of these and analogous privately owned sites, this article discusses current end‐state planning by reviewing the federal government's accelerated efforts to reduce its footprint and how those efforts relate to sustainability. The article also provides a list of questions organized around six elements of risk management and primary, secondary, and tertiary disease and injury prevention. Throughout the article, the U.S. Department of Energy (DOE) is used as an example of an organization that seeks to reduce its footprint, manage its budget, and be a steward of the sites that it is responsible for. However, the approach and questions are appropriate for land controlled by the Department of Defense (DOD), the General Services Administration (GSA), and other public and private owners of sites with residual contamination. © 2005 Wiley Periodicals, Inc.     

Signal recognition and hearing protectors with normal and impaired hearing.

Recognition of acoustic signals when perception is subject to interference from noise has already been extensively studied. In this study the influence of hearing protectors (HP) (plugs, muffs) and hearing loss on signal recognition is examined. Different spectrums and levels of the noise are also included. The test results are shown as the masked threshold for the signals heard and identified. In the case of normally hearing subjects a frequency-independent HP (plug) improves hearing performance, while frequency-dependent HP (muffs) tends to worsen it, especially with low-frequency noise. Hearing losses even worsen hearing performance when plugs are worn. Design suggestions are made to optimise signal recognition. Minimum signal-to-noise ratio and the use of HP are discussed.     

Hazard property classification of waste according to the recent propositions of the EC using different methods

Hazard classification of waste is a necessity, but the hazard properties (named “H” and soon “HP”) are still not all defined in a practical and operational manner at EU level. Following discussion of subsequent draft proposals from the Commission there is still no final decision. Methods to implement the proposals have recently been proposed: tests methods for physical risks, test batteries for aquatic and terrestrial ecotoxicity, an analytical package for exhaustive determination of organic substances and mineral elements, surrogate methods for the speciation of mineral elements in mineral substances in waste, and calculation methods for human toxicity and ecotoxicity with M factors.In this paper the different proposed methods have been applied to a large assortment of solid and liquid wastes (>1 0 0).Data for 45 wastes – documented with extensive chemical analysis and flammability test – were assessed in terms of the different HP criteria and results were compared to LoW for lack of an independent classification. For most waste streams the classification matches with the designation provided in the LoW. This indicates that the criteria used by LoW are similar to the HP limit values.This data set showed HP 14 ‘Ecotoxic chronic’ is the most discriminating HP. All wastes classified as acute ecotoxic are also chronic ecotoxic and the assessment of acute ecotoxicity separately is therefore not needed. The high number of HP 14 classified wastes is due to the very low limit values when stringent M factors are applied to total concentrations (worst case method). With M factor set to 1 the classification method is not sufficiently discriminating between hazardous and non-hazardous materials. The second most frequent hazard is HP 7 ‘Carcinogenic’. The third most frequent hazard is HP 10 ‘Toxic for reproduction’ and the fourth most frequent hazard is HP 4 “Irritant – skin irritation and eye damage”. In a stepwise approach, it seems relevant to assess HP 14 first, then, if the waste is not classified as hazardous, to assess subsequently HP 7, HP 10 and HP 4, and then if still not classified as hazardous, to assess the remaining properties.The elements triggering the HP 14 classification in order of importance are Zn, Cu, Pb, Cr, Cd and Hg. Progress in the speciation of Zn and Cu is essential for HP 14. Organics were quantified by the proposed method (AFNOR XP X30-489) and need no speciation. Organics can contribute significantly to intrinsic toxicity in many waste materials, but they are only of minor importance for the assessment of HP 14 as the metal concentrations are the main HP 14 classifiers. Organic compounds are however responsible for other toxicological characteristics (hormone disturbance, genotoxicity, reprotoxicity…) and shall be taken into account when the waste is not HP 14 classified.     

U and Th in some brown coals of Serbia and Montenegro and their environmental impact

GOAL, SCOPE AND BACKGROUND: The objective of this paper is to determine and compare the concentrations of U and Th in soft to hard brown (lignite to sub-bituminous) coals of Serbia and Montenegro. It also presents comparison of the obtained data on U and Th concentrations with the published data on coals located in some other countries of the world. Almost the whole coal production of Serbia and Montenegro is used as feed coals for combustion in thermal power plants. METHODS: Channel samples from open pit and underground mines and core samples were collected for hard and soft brown coals. For the analysis the samples were decomposed using microwave technique. Obtained solutions containing U and Th were analyzed by inductively coupled plasma mass spectroscopy (ICP-MS) using NIST standards. RESULTS: Concentration of U from the investigated basins and the corresponding mine fields ranges within 0.60-70.10 mg/kg, 0.65-3.20 mg/kg, 0.95-6.59 mg/kg, 1.20-6.05 mg/kg, 0.80-6.66 mg/kg, 0.18-89.90 mg/kg, 0.19-4.14 mg/kg, and 0.28-3.52 mg/kg for the Kostolac, Kolubara, Krepoljin, Sjenica, Soko Banja, Bogovina East field, Senje-Resavica and Pljevlja basins, respectively. Concentration of Th ranges within 0.20-2.60 mg/kg, 0.84-6.57 mg/kg, 1.48-6.48 mg/kg, 0.12-2.71 mg/kg, 0.13-4.95 mg/kg, 0.14-3.48 mg/kg, 0.29-3.56 mg/kg, and 0.17-1.89 mg/kg for the Kostolac, Kolubara, Krepoljin, Sjenica, Soko Banja, Bogovina East field, Senje-Resavica and Pljevlja basins, respectively. DISCUSSION: Brown coal from Senje-Resavica, Kolubara, Kostolac and Pljevlja is characterized by low U concentration. Coals form the Krepoljin, Soko Banja and Sjenica basins have slightly higher U concentrations than the mentioned group. The highest concentration of U is characteristic for the coal from the Bogovina East field. Concentration of Th in coals from Serbia and Montenegro has proved to be low. Out of all investigated coal basins, only the coal from the Krepoljin and Kolubara basins has high concentration of Th. The hydrothermally altered rocks of the Timok dacite-andesite complex, representing the basement of the Bogovina basin, could be a potential source of U, especially at the bottom part of the Lower seam of the Bogovina East field. CONCLUSIONS: This study shows that brown coals in Serbia and Montenegro (soft to hard brown coals or lignite to sub-bituminous) contain low levels of U (5.30 mg/kg, average value and 2.10 mg/kg geometric mean value) and Th (1.80 mg/kg, average value and 1.12 mg/kg geometric mean value). There are some obvious differences in concentration of U and Th in coals from different basins in Serbia and Montenegro. The approximate value for U and Th release mainly from power plants was 644.33 t and 983.46 t, respectively within the period 1965-2000 for the studied mines in Serbia, and 23.76 t and 15.05 t for the Potrlica mine (Montenegro) within the period 1965-1997. RECOMMENDATIONS: The coals in Serbia and Montenegro show no identifiable unfavourable impact on the surrounding environment, due to low natural radioactive concentration of U and Th, but further investigations concerning human health should be performed. PERSPECTIVES: Preliminary research revealed that in some Serbian coals (and, particularly, parts of the coal seam) U and Th content are rather high. Such coals should be carefully studied, as well as U and Th concentrations in ash, fly ash, waste disposals, nearby soil and ground water. Further studies should include determination of the radioactivity of all these products, and estimation of possible health impact.     

Development and verification of a toxicokinetic model of polychlorinated biphenyl elimination in persons working in a contaminated building

BACKGROUND: Polychlorinated biphenyls are toxic and slowly degrading substances that have been in widespread industrial use in the 1960s and 1970s. Despite a worldwide reduction, environmental exposure remains an issue; the assessment of an individual's level of exposure at a given time in retrospect requires valid toxicokinetic modeling of the different PCB congeners. OBJECTIVES: To develop and verify a toxicokinetic model of the in vivo-degradation of PCB 28 and 52 in adult humans. METHODS: The plasma concentrations of PCB congeners were measured in 583 persons working in a contaminated building for an average of 14.7+/-9.6 years. The values were adapted to a simple pharmacokinetic model (yt = y0 x (1 - e(-kt))); the steady state concentration y0 was estimated based on the median values of persons working exposed more than 10 years. RESULTS: The steady state concentration of PCB 28 was 0.10 microg/l, that of PCB 52 0.02 microg/l. The half-life of the congeners was estimated based on a logarithmic regression analysis according to the model mentioned above; it was 2.18 (95% CI: 1.91-2.54) years for PCB 28 and 3.95 (95% CI: 3.55-4.45) years for PCB 52, respectively. Stepwise elimination of persons with very long employment duration did not reduce the estimated half-life. CONCLUSIONS: The estimated half-life is higher than previously published data especially for PCB 52. Possible reasons and implications of this finding are discussed.     

Relationship Between Crown Condition and Tree Diameter Growth in Southern Swedish Oaks

We studied correlation between crown conditions and tree-ring widths in 260 trees of pedunculate oak (Quercus robur L.) growing on 33 sites in southern Sweden. The tree-ring increment over 1998-2002 was highest in trees with healthy crowns, intermediate in trees with moderately declined crowns, and lowest in trees with heavily declining crowns. The time period with significant correlation between crown status and tree-ring increment varied between 10 years (given autocorrelation in tree-ring chronologies preserved) and 4 years (autocorrelation removed). In pairwise comparisons of three crown classes, differences in tree-ring increment between trees with healthy crowns and trees with heavily declining crowns were the most pronounced, Fisher LSD P value staying below 0.05 over 13 years (autocorrelation preserved ) or 4 years (autocorrelation removed). Over two 5-year periods (1993-1997 vs. 1998-2002) the cumulative increment increased significantly for trees with healthy crowns, did not change in trees with moderately declining crowns, and significantly decreased in trees with heavily declining crowns. For trees with healthy crowns, this dynamics may represent growth recovery after 1992 drought. Instead, oaks with defoliation above 60% appear to reach a threshold in their ability to recover growth. At sites on nutrient-poor soils cumulative increments over 1998-2002 differed significantly among trees with different crown condition and no differences were observed at sites on nutrient-rich soils. Analyses and interpretation of the oak growth trends as recovered from tree-ring chronologies may be improved by controlling for the crown status of the trees sampled, e.g., by using sampling strategy that would represent the average crown and growth conditions of the sites.