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By Audrey Horton
The High Court has held that a patent for treatment of multiple sclerosis was invalid for obviousness, and considered the impact on claim interpretation of a recent restatement of the law by the Supreme Court.
The scope of patent claims is determined in accordance with Article 69 of the European Patent Convention and the Protocol on the Interpretation of Article 6, which aim to provide a balance between fairness to the patentee and giving the public a reasonable degree of certainty as to what those claims cover.
In Actavis UK Ltd and others v Eli Lilly, the Supreme Court held that a claim could be infringed under a doctrine of equivalents even though the allegedly infringing act did not fall within the claim on its proper interpretation (www.practicallaw.com/w-010-0409). Validity was not considered in Actavis.
Before Actavis, the House of Lords held that when interpreting patent claims, the key question was what the person skilled in the art would have understood the patentee to have used the language of the claim to mean (Catnic Components Ltd v Hill & Smith Ltd [1982] RPC 183 (HL) and Kirin-Amgen Inc v Hoechst Marion Roussell [2004] UKHL 46). This involved giving the claim a purposive construction: interpreting it having regard to the fact that the patentee's purpose was to describe and claim an invention.
Before Actavis, it was settled law that patent claims ought to be interpreted in the same manner, and had the same scope, for the purposes of considering both novelty and infringement. In Synthon BV v SmithKline Beecham plc, the House of Lords held that two requirements were necessary to establish that a claim lacked novelty over a prior publication (whether written, oral or by use), the prior publication must:
In Arrow Generics Ltd v Merck & Co Inc, the High Court held that it had a discretionary power to grant a declaration (an Arrow declaration) that a generic pharmaceutical was obvious at the priority date of divisional patent ([2007] EWHC 1900 (Pat)). This was confirmed by the Court of Appeal in Fujifilm Kyowa Kirin Biologics Co, Ltd v AbbVie Biotechnology Ltd & Another [2017].
S and M applied to revoke a patent owned by Y and exclusively licensed to T on the grounds of lack of novelty, lack of inventive step and insufficiency. They also sought an Arrow declaration. Y and T counterclaimed for threatened infringement of the patent.
The court held that the patent was invalid for being obvious in relation to one item of cited prior art.
In Actavis, the Supreme Court departed from Catnic and Kirin-Amgen with respect to the correct approach to equivalents to elements specified in the claims for the purposes of determining the scope of protection of patents in the context of infringement. The question was whether, in the light of this new law, patent claims ought still to be given a purposive construction.
The court considered that, before coming to any question of equivalents, it remained the law that patent claims should be given a purposive construction. Patents differed from commercial contracts in two ways. A contract was a bilateral statement agreed between contracting parties, whereas a patent was a unilateral statement made by the patentee and addressed to the person skilled in the art. A contract contained promises by the contracting parties to each other; a patent described and claimed an invention for the purpose of creating a legal monopoly. Patents must be interpreted through the eyes of the person skilled in the art, interpreting the words of the claim in context. The context had to include the very purpose for which the document existed, namely to describe and claim an invention.
Another question which arose in the light of Actavis was what effect, if any, the finding that a claim could be infringed under a doctrine of equivalents, even though the allegedly infringing act did not fall within the claim on its proper interpretation, had on the law of novelty. The question was whether it remained the law that a claim lacked novelty if the prior publication disclosed subject-matter which, if performed, would necessarily infringe the claim. The court's view was that the claim would only lack novelty if the prior publication disclosed subject-matter which fell within the claim on its proper interpretation. It was not sufficient for lack of novelty that the subject-matter would infringe the claim applying the doctrine of equivalents.
The claims as interpreted were not anticipated by the cited prior art, but were obvious. The court noted that if, contrary to its view, the law was that a claim lacked novelty if the prior publication disclosed subject-matter which if performed would necessarily infringe under the doctrine of equivalents, then the claims would not have been novel over the prior art. As this issue was not addressed in Actavis it would require another Supreme Court decision.
The existence of pending divisional applications was a necessary but not sufficient basis to justify the making of an Arrow declaration. Y and T had not sought to shield the subject-matter of the patent from scrutiny by the courts and had vigorously defended the validity of the patent at trial. An Arrow declaration would not provide S and M with greater certainty than a reasoned judgment. In the circumstances S and M were not entitled to an Arrow declaration.
This is the first High Court case to consider the effect of the controversial Supreme Court decision in Actavis. The court did not accept that the Supreme Court intended to abolish the long-established approach to claim interpretation, purposive construction. On the other hand, the court noted, obiter, that the previous symmetry between validity and infringement that existed before Actavis had changed so that the doctrine of equivalents did not apply to the part of the novelty test that requires consideration of whether the prior art if performed would necessarily result in infringement. As this decision is likely to be appealed, it will be interesting to see how the Court of Appeal will apply Actavis.
Case: Generics (UK) Ltd (t/a Mylan) and another v Yeda Research and Development Company Ltd and another [2017] EWHC 2629 (Pat).
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This morning we feature part three of our series on the global brain from an important book by Howard Bloom. See: 1) Biology, Evolution and the Global Brain, 2) Creative Nets in the Precambrian Age. Reposted from Telepolis.
Networking in Paleontology's "Dark Ages"
Howard Bloom
In our previous episode, I laid out evidence indicating that the global brain foreseen by computer-futurists already existed 3.5 billion years ago. I attempted to demonstrate how the biology of the primitive cyanobacterium equipped it to act as a component in a parallel-distributed intelligence. The result: a social colony capable of networking data, solving problems, creatively retooling genomes, and of transmitting and receiving genetic upgrades via a worldwide web.
But 3.5 billion years b.c. was long ago. What, if anything, has happened to the global brain since then?
The story is a strange one. Evolution went on to produce life forms with radically new powers. Many of these retained the ability to operate as local networked intelligences. But in the course of their development, an ironic slippage took place. Bacteria and viruses, those stalwart veterans of the days shortly after the earth's crust first formed, held on to their global research and development system. But "higher" life forms, gifted with capacities whose full potential would ripen only with time, took what seems on the surface to be a large step backward. Yes, they preserved their ability to cluster in social groups and act as communal information processors. But high-speed global data pooling would remain a microbial specialty, one which the "advanced" species would take at least 2.1 billion years to reinvent. This is the next episode in the story of how and why.
Early Networking
The picture of early life is currently in flux, with new discoveries and fresh theories emerging month by month. But despite the shifting collage of guesswork and evidence, two facts stand out:
1) Each find pushes life's evolution further back in time. In November, 1996, the age of the first cells leaped from 3.5 billion years to 3.85. In the decade from 1986 to 1996, the age of the first nucleated cells bounced from 1.6 to 2.1 billion years.
2) More important, networking, often called synergy, has been a key to evolution since the universe's first second of existence. Roughly twelve to twenty billion years ago, a submicroscopic pinpoint of false vacuum arose in the nothingness and expanded at a rate beyond human comprehension, doubling every 10-34 seconds. As it whooshed from insignificance to enormity, it cooled, allowing quarks, neutrinos, photons, electrons, then the quark-triumvirates known as protons and neutrons to precipitate from its energy. A neutron is a particle filled with need. It is unable to sustain itself for longer than ten minutes. To survive, it must find at least one mate, then form a family. The initial three minutes of existence were spent in cosmological courting, as protons paired off with neutrons, then rapidly attracted another couple to wed within their embrace, forming the two-proton, two-neutron quartet of a helium nucleus. Those neutrons which managed this match gained relative immortality. Those which stayed single ceased to be. (Roughly twelve billion years later, the universe remains 25% helium.) Protons, on the other hand, seemed able to survive alone. But even they were endowed with inanimate longing. Flitting electrons were overwhelmed by an electrical charge they needed to share. Protons found these elemental sprites irresistible, and more marriages were made. From the mutual needs of electrons and protons came atoms. Atoms with unfinished outer shells bounced around in need of consorts, and found them in equally bereft counterparts whose electron protrusions fit their empty slots (and vice versa). Through these connective compulsions, to paraphrase Yeats, "a terrible beauty was born."
And so it continued. A physical analogue of unrequited desire was stirred by allures ranging from the strong nuclear force to gravity. These drew molecules into dust, dust into celestial shards, and knitted together asteroids, stars, solar systems, galaxies, and even the mega-matrixes of multi-galactic whorls. Theories like those of Claude Shannon imply that the intertwined elements were bundles of information– skeins of data whose proliferation of plugs and sockets disgorged newnesses at every turn.
One of the products of this inorganic copulation was life. The latest findings suggest that shortly after the molten earth began to harden its shell and massive rains of planetesimals ceased smacking this sphere like a boxer pummeling the face of his opponent, RNA paved the path for DNA. Massive minuets of deoxyribonucleic acid generated the first primitive cells – the prokaryotes – by 3.85 billion b.c. And 350,000 years later, unmistakable signs of complex social life – the multi-million-inhabitant bacterial megalopoli called stromatolites – appeared. Then paleontological dogma has it that virtually nothing of significance occurred until the Cambrian explosion roughly 535 million years ago. One popular science writer, summing up the opinion of the experts, calls this interim "three billion years of non-events" (Karen Wright, "When Life Was Odd," Discover Magazine, March 1997, p. 53). Oh, there was the occasional burp, say the yawning authorities. But such moments of evolutionary indigestion are hardly worth mentioning.
Confederations of smart molecules
The hints are many that there was little to yawn about. Since software innovations – new forms of behavior and interaction – leave few fossil records, and since paleontologists have been virtually blind to proterozoic social activity, the record seems barren. But evidence indicates that intimate forms of organization were undergoing long and ever more intricate trial periods.
The first cells – the prokaryotes – were highly coordinated confederations of what, for lack of a better term, we would have to call "smart molecules." Each of these molecular agents was dedicated to a vital function. Some pumped sugars and amino acids, responding to needs in the locations they served. Others reacted to power demand, disassembling molecular fuel to liberate its energy. Still others tuned the chemical balance, assembling proteins, amino acids, nucleotides, vitamins, and fatty acids even a human body cannot make by itself. (We use prokaryotes – bacterial colonies in our guts – to handle some of these manufacturing chores for us). Molecular groupings within the prokaryotic cell sensed food or danger and passed the message along to other molecular squadrons which created movement, allowing their host to pounce or to race away.
This coordinated operation of molecular agents resulted in such prokaryotic beings as bacteria, entities far more flexible than any mere computer net. Bacteria have populated the earth for at least 82% of its existence. Today, they are still going strong. However the fossil record shows new forms of interaction emerging as early as 2.1 billion years ago, when the first macroscopic organism, grypania, makes a hesitant appearance. This hoop-shaped relative of cyanobacteria, the size of a wire wrapped around a penny then let loose, is thought to have been the first eukaryote. If this hypothesis is true, grypania represents not only a major leap in size, but a form of life which thrived on radical breakthroughs in biological intranets.
The Invention of Intranets
Eukaryotic cells were bacteria capable of taking on fellow bacteria as boarders. They made permanent residents of such visitors as mitochondria (proteobacteria-like energy generators), chloroplasts (cyanobacteria-like solar converters which handle photosynthesis), and, most important, spirochetes. Spirochetes – wiry and multi-talented – were commandeered as struts for an intra-cellular skeleton, as contractile fibers for internal transport, as whirling oars for external movement, and as organizers for the reproductive splitting of the eukaryote's enormous genetic mass. All these former guests were now reproduced along with each replication of the host cell. It was largely this merged approach which, according to biologist Lynn Margulis, allowed life to survive the first toxic pollutant holocaust – the spread in the atmosphere of a gas lethal to previous life, oxygen. For mitochondria gulped oxygen and turned it into fuel. And other members of the new intracellular commune were able to clean up the poisons which oxygen left behind.
As so often happens in examining life, computer metaphors are too limited to describe the result. Even a bacterial colony is a flexible, self-organizing, self-repairing, and self-improving parallel processing device which not only reprograms and computes but acts out its calculations, then responds to the consequences. While a single bacterium is a biochemical net, the eukaryote is the web which emerges when masses of biochemical nets fuse.
At level after level, purposeful assemblies mesh to form a processor/responder which, in turn, becomes a module in the next step up the networking ladder. One of these modules is the gene. Another is the chromosome – a lengthy chain of genes which not only work together, but are welded into a single molecule. (Contrary to the implication of the phrase "the selfish gene," all genes function in teams. Even the genes of a bacterium are welded in a circular chromosome.)
A prokaryotic bacterium, with its free-floating single ring of DNA, could not accomplish the elaborate form of cell-division known as meiosis, a highly orchestrated process which would eventually make sexual reproduction – a key form of information mixing and matching – possible. This revolution in data-exchange would emerge from a eukaryotic invention – the marshalling of multiple chromosomes into files arrayed within a nucleus. Chromosomes regimented like well-drilled parade teams could mass in genomes literally a thousand times larger in size and infinitely greater in complexity than their predecessors.
Margulis contends that the eukaryote's tamed spirochetes could not perform the interior superintendence of replication and the exterior job of propulsion simultaneously. Leaving a cell immobilized through its "pregnancy" was a dangerous business. The dividing eukaryote could not aggressively seek food. Nor could it avoid the attacks of predatory fellow-eukaryotes whipping through the water in search of victims. The solution: to concentrate spirochetic propellers on the outside of one cell, then to generate an attached cell whose spirochetes could remain indoors handling reproduction. Thus, according to Margulis' spirochete hypothesis, the communal gathering within a cell led to another massive leap in the evolution of networks: multicellularity.
Colonies of single-celled organisms could be sieved apart, then if given freedom, were (and still are) able to reconstruct their shattered polis. The multicellular entities which emerged at the end of the paleoproterozoic era had lost that option. In exchange, they had gained the opportunity to perform far grander functions.
The first possible remains to be found so far of multicellular organisms, crudely called carbon films, were probably the leaves and strands of early seaweeds – 1.6 billion year old amalgamations of the prokaryotic algae to whose category cyanobacteria belong. These precocious eukaryotes were, according to some paleontologists, passive multi-cellular sheets which could only wave in the currents or settle on seabed rocks.
But the fossil record hints that a billion years ago, single-celled eukaryotes lifted themselves from the solar submissiveness of plants and showed the aggressive and restless characteristics we associate with animals. The one-celled rovers possessed internal skeletons of former spirochetes, external "shells" called pedicles, and the ability not only to whisk through water but to crawl along thanks to spirochetic microtubules which pulled one shell segment together with another then relaxed the pair again. Helping these protozoans achieve size and new functions were breakthroughs like a system of inner pipes and bladders which collected water and spat it out before an overload could bloat the cellular interior. This bilge-pump anticipated the later invention of the kidney. Another major advance was "development" – the ability to assume a succession of physical forms each dedicated to a different purpose. A protozoan might begin life as a fast moving flagellate, seek out new territory to mine, then settle down to the slow moving but powerful blob of an amoeba – a supreme environmental exploiter. This is the equivalent of being a scout plane early in life and a harvesting machine once a field of grain has been found.
The Advent of the Nervous System
There are tantalizing hints of innumerable as-yet-undiscovered steps in another key networking technology – the advent of a nervous system. 3.5 billion year old cyanobacteria were already capable of transmitting data from sensory molecules within the cell to molecular motion-makers, allowing a bacterium to scoot from trouble and zip toward opportunity. Cyanobacteria in colonies evolved the ability to broadcast data using chemical transmissions and genetic bits which travelled like messages in a bottle through the community and beyond.
But the eukaryote – an assembly of formerly independent beings which must live and die in unison – is a far larger and more intricate beast. Its equipment for internal communication includes the cytoskeleton – a tubular matrix alive to the nature of its surroundings. The cytoskeleton is such an agile coordinator that some audacious theorists have called it a cellular "brain." Interior data traffic is also aided by "second messengers" like cyclic AMP, which collects bulletins arriving at the ports of the outer membrane and rushes them to their targets, readjusting the operation of membrane channels, turning on energy-producing mechanisms, activating specific enzymes, and even changing the cell's speed and direction – literally altering its mission. Cyclic AMP's travels are notable not only for the accuracy of their routing but for the cluttered distances they cover. The average eukaryote is ten times the size of a prokaryote – and some eukaryotes are many thousands of times that of their cellular predecessors. Rapid detection by the membrane and the equally swift reactions made possible by second messengers proved extremely necessary.
Protozoans are endangered by fast-moving cousins, the carnivores of their world. Some eukaryotic hunters are equipped with poison launchers (toxicysts) on their exterior along with the flagella and cilia needed for brisk movement. A protozoan on the prowl needs to coordinate a host of spirochetic whips and propulsive whiskers (cilia) to produce precision movement. Its potential prey, provided with similar propulsion devices, has to be equally exact in marshalling its organs for evasion.
But more indicates that the prototype of a nervous system was in the making. The primary sensory ability of a prokaryote like a bacterium seems to have come from its ability to detect chemical gradients – flows whose growing weakness or strength allowed the bacterium to determine whether it was swimming toward or away from a chemical beacon's source. Single-celled eukaryotes moved a giant step further, developing specialized sentinels. One example is the eyespot of the Euglena. Some Euglena use this photoreceptor in tandem with another light-detecting speck on one of the flagella near their mouths, thus evolving an early forerunner of stereoscopic vision – dual-organ phototaxis.
Each bacterium had carried its own microprocessor – its single chromosome. A bacterial colony networked these isolated calculators into an awesome creative brain. But once again eukaryotic animals leaped ahead. They went from a single internal processing, programming and reengineering unit per cell to a tightly knit machine of many bound together in the nucleus. To generate additional information processing power, some cells had two or more of these multi-tiered thinking centers. A standard arrangement was to allocate the task of reproduction to a micronucleus and move the job of controlling daily cell life to a macronucleus up to forty times larger in size. Two proto-brains for the price of one.
What's more, single-celled eukaryotic protozoa, like their bacterial predecessors, were highly social beings. Extrapolating backwards from their behavior today, we can infer some of the resulting benefits. The 65,536 semi-independent cells in a Volvox took a major step toward a hitherto unknown pleasure – sexual reproduction. Gathered in a pinpoint-sized (1 mm.) hollow ball, the colony members divided into two different forms. One group concentrated on composing the cooperative's balloon-like body. The other, located prophetically in the posterior, focused on reproduction. Thus began the differentiation between somatic and germ cells which would be critical to the development of "higher" organisms. Volvox were apparently not content with one proto-sexual invention. They also were among the first forms to generate male and female colonies.
Prokaryotic myxobacteria form a "fruiting body" when they congregate – however it is so small that it must be magnified roughly 200 times before its details become clear. The height the tree-like structure can provide as a takeoff point for its spores is minuscule. However eukaryotic amoebas can join together in a giant cell roughly a foot (30 centimeters) across. That blob, called a plasmodium, holds within it literally billions of nuclei, and is able to undergo either sexual reproduction or to take another route and become a fruiting body immensely loftier than that of its bacterial counterpart. Should it "choose" sexuality, the plasmodium is able to complete a host of radically new processes which, in more advanced beings, would allow for the creation of an embryo. This has led some scientists to conclude that plasmodial slime molds – as these colonies of talented eukaryotic amoeba are called – may be a missing link between single-celled animals and such multi-celled beasts as you and me.
The jump in information exchange between eukaryotes showed yet another step toward the development of a nervous system. Several forms of cilia-powered protozoans (Carchesium and Zoothamnium) produced a second generation which, unlike their unicellular parents, did not totally wall themselves off at birth. Their direct connection to each other allowed one cell to sense an obstacle or an opening and to flash the data so fast that the multitude could react almost instantly and in total coordination. The "wiring" between cells prefigured neural components. Both were remodeled spirochetic microtubules, and both shared roughly 100 signal-transmission proteins The odds are good, then, that in the 2 billion years now blank to us, numerous further elements of primal nervous systems were developed through trial, error and occasional purposeful invention. (See my previous article for evidence of purposeful invention among the earliest bacteria.)
These evolutionary achievements were incremental steps toward multi-cellularity. And as Wurzburg University biologist Helmut Sauer puts it, "Once multicellularity is established, all kinds of fungi, plants, and animals can evolve…."
Agglomeration of Machines within Machines
True to Dr. Sauer's words, 1.4 billion years after the new eukaryotic refinements had begun, the first truly exotic multicellular beings appeared. One recently discovered fossil clam dates to over 720 million years ago. The clam was a terra-flop ahead of anything seen before, dwarfing interlaced protozoans in size, complexity, and internal wiring. It possessed two hinged shells operated by a pair of powerful muscles capable of opening with exquisite control and clamping shut with massive power; a tongue-like foot of muscle able to dig a hiding hole in the sea bottom; a tube to penetrate above the marine floor and siphon oxygen-and-food-rich water below the surface when the being buried itself; and a filter-system of cilia through which the clam could pump the liquid it had sucked, and with which it could then sift out protozoans and other edibles, passing them via mucous carrier to the mouth. The early mollusk even possessed a heart with three chambers. All of this had to be wired to a host of sensors and a nervous system whose central direction was handled by three processing clusters (ganglia). Without exquisite synergy, these separate components would have been useless. When networked, they constituted something truly unprecedented: an immense and purposeful union of interacting parts – a nearly infinite agglomeration of machines within machines.
The era of this bivalve's birth was dominated by strange and as-yet-little understood creatures – the Ediacarans. These wildly varied higher life forms were apparently soft-bodied beasts living near the ocean's surface or crawling on its bottom. The complex multi-legged physiology of some indicates advanced data transmission between the billions of cells which made up each creature. Alas, the Ediacarans' full story and any hints it may carry regarding their mechanisms for information exchange is still shrouded in ignorance.
Yet we do have unmistakable indications that sociality continued. Trilobites dominated the period from 600 million to 500 million years ago. These armored sea scourers had not only heads, eyes, sensory antenna, and all the indications of a nervous system centralized in a brain, but their fossils tend to be found in groups. Some paleontologists, extrapolating backwards from the behavior of such trilobitic living relatives as horseshoe crabs, suspect that the armored ancients gathered for mating orgies in which they shed their shells for maximal body contact. Trilobite-specialist Kevin Brett cites evidence that males may have been larger than females (or vice versa), and that many trilobites were, in his words, "quite ornate." From that and the positioning of trilobites in fossil beds, he proposes the sexual festivities may not have been entirely promiscuous. Modern "toads," he points out, "will mate with just about anything – so they don't necessarily recognize members of even their own species." Brett suspects that trilobites were a bit more discerning.
Noted invertebrate zoologist K.B. Clark theorizes that the foot-and-a-half long (.5 meter), torpedo-shaped Anomalocaris canadensi swam in feeding herds. "The largest animals in most ecosystems are typically herding herbivores," he notes, "and I see nothing about Anomalocaris that precludes this." However Dr. Clark admits that science has neglected the study of the fossil indicators which could reveal further details of Cambrian social life.
One thing seems certain: a huge step forward was also an enormous step back. As Lynn Margulis and Dorion Sagan point out in their brilliant book Microcosmos, multi-celled organisms lost the rapid-fire external information exchange, extemporaneous inventiveness and the global data-sharing of bacteria, which continued living side by side with macrobeasts as both helpers and adversaries. Physicist-turned-microbiologist Eshel Ben Jacob argues that multi-celled eukaryotes did at least continue to exchange and reengineer genes, maintaining local versions of what he calls "creative webs." Communicating over small distances, however, the metazoans made awesome contributions to the elaboration of intranetting.
Ilya Prigogine, the Nobel Prize-winning pioneer of self-organizing systems, has observed that a breakdown of progress is frequently an illusion. Under the shattered fragments new structures and processes ferment. And from those innovations come fresh orders whose wonders seem without number. The new organisms had vastly increased their capacities as individual information processors. If these advanced modules could be linked worldwide, the nature of the game would change for good.
Copyright © 1996-2001. All Rights Reserved. Alle Rechte vorbehalten Visit Telepolis. At Amazon: Howard Bloom's The Global Brain
Verlag Heinz Heise
Visit Telepolis.
At Amazon: Howard Bloom's The Global Brain

subset: commoncrawl


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Upstairs Circus Make & Take - Vet Tech Week
Calling all veterinary technicians! It's National Veterinary Technician Week, and we are celebrating you.
Join us on Wednesday, October 17th at Upstairs Circus (125 N. Washington Ave., Unit B, Minneapolis, MN 55401) from 6:00 - 9:00 PM for a special make-and-take event! Enjoy tasty appetizers and a free drink as you make one of Upstairs Circus' fabulous pieces, including Mala Bracelet Set, Distressed Wood Art, Magic Magnetic Shelf, Custom Leather Hip Flask, Leather Luggage Tags, and more. Click here to check out all the options!
This event is open to the first 50 veterinary technicians and is free to attend. Additional drinks are available for purchase at the event. Please note that if you've registered for a spa appointment, we ask that you do not register for this event so that more people may enjoy the events.
Don't forget to register for our Photo Contest, where one lucky technician will win a $50 gift card!
This event is sponsored by Hill's Pet Nutrition.
Event Properties
|Event Date
|10-17-2018 6:00 pm
|Event End Date
|10-17-2018 9:00 pm
|Available place
|Cut off date
|Upstairs Circus


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Aquatic Centre Shutdown Scheduled for Late Summer
April 13, 2018
The City of Fernie would like to inform residents that the annual maintenance shutdown at the Aquatic Centre will be moved from spring to late summer.
The pool is traditionally closed for May and June to allow staff to do necessary maintenance work, however after discussion with user groups it has been determined that a shutdown for the last two weeks of August and first two weeks of September will be less disruptive to regular pool users. The new shutdown schedule will be implemented on a trial basis for 2018 and re-evaluated for 2019.
With the pool now scheduled to stay open during May and June, Aquatics Staff have been busy planning additional lesson sets and other programming.
Check the events page regularly for other fun events and opportunities.


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well i joined march madness and i wanted to draw...well i hope you enjoy!!! (its about these two "TOES" that have crazy adventures, huha, and whatnot...The characters names are Deneb,Zoom,and Zeen.....
We meet Deneb...
March 3rd, 2010, 3:21 pm
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Reply cooldude27af, March 3rd, 2010, 3:24 pm
OK... well this is my first official drawn comic,and i know it kinda sucks..but im learning...ok???? hope u enjoy!!
Reply Advertisement, May 22nd, 2019, 12:04 pm
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2011 考研英语作文权威预测题
以下六大话题搜集,是在充分研究 2011 年全年大事记的前提下,严格遵守以上两大命 题思路所作出的预测,具体的范文会陆续在我的元旦押题班中发布,请大家引起足够重视!
1. 漫画"瞎子摸到了真象" 影射国际对于中国认识的前后变化。
2. 漫画"相互推卸责任" 影射食品安全事件中的社会责任感和道德感缺失。
3. 漫画"股市大跌" 影射投机心态不可有,脚踏实地才是出路。
4. 漫画"地震中用自己身躯保护学生的好老师" 影射灾难事件中人性的光辉。关 于灾难,此命题切入点还有可能为保持乐观心态。
5.漫画"把我整成**明星的样子" 影射整容现象以及山寨现象 最后,衷心祝愿所有参加 2011 年的考研的学子都能经过自己的努力获得成功,其实, 准备考研的过程所懂得的诸多宝贵品质,本身就是一笔巨大的财富。 附件一:2011 年考研英语大作文权威预测一
范文演示: Introduced as a widely known Chinese fable"Blind men and an Elephant" ,
it tells us never to draw a conclusion from incomplete data. For tremendous years, people outside China could only get narrow and unilateral knowledge about China, leaving a real China far from being unveiled. Nevertheless, the past 2008 Beijing Olympics was the very and perfect time to lift the curse. For most people who are non-Chinese, they tend to have a picture of Chinese who are just Confucius-like, living in a highly polluted place or even having no freedom to speak in public, etc. Reasons behind are usually the following two: one is that westerners are not so eager to learn about China just as our Chinese do about them, the limited information that reached them are mostly outdated or biased one which were more often than not stipulated by a third party with a special interest; the other is that Chinese government were not so open as the one today and did inadequate publicity about its country, thus the image of China is always kind of mysterious to outsiders, then the image depicted above about China, though misleading, is understandable. However, the grand Olympic Games provide an golden opportunity for people around the world to see a complete and "brand-new"China. Therefore, a better world characterized by harmony between China and all the other countries is to come. 附件二:2011 年考研英语大作文权威预测二
重点推荐: the lack of responsibility 范文演示:When the issue of poisonous milk powder gains an overwhelming focus from the public, what are these malefactors doing? As we can see from the depiction, enterprise, milk station, milch cow and even grass are trying to find someone scapegoating for this credit crisis, in my view point, that's nothing to do with the credit but the problem of responsibility. Responsibility is a keyword that we should never disregard, defined not only as the courage to face every foreseeable risk, but as the braveness to entail every malpractice when it really takes place as well. The causes of the shortage of responsibility or even conscience may be as follows. Firstly, inner cause ascribing probably to the destructive influence emanating from the decay of morality may result in the over-materialism .Furthermore, outerly , deficient supervisal gives rise to the fearless adventurer who is at the risk of anything ,not to say to deviate from his own liability ,to pursue as many as profits. A case in point is the Melamine-laced Milk Incident which almost destroyed the whole of China's milk industry. It is imperative that drastic measures should be taken to end this thorny situation, such as enacting related law to reinforce our supervisal mechanism to
avoid the behavior of kicking the ball when something bad happen and promoting social entities to regain one of Chinese traditional virtues, which is called "who would enter the hell if I wouldn't",that means, undoubtedly, to learn to be responsible for the blunder means sensible unflinchingness. 附件三:2011 年考研英语大作文权威预测三
背景介绍:山寨现象 "山寨"一词源于广东话,是"小型、小规模"甚至有点"地下工厂"的意思,其主要 特点为仿造性、快速化、平民化。如今,网络上各种各样的东西都有山寨版,山寨版明星、 山寨版"神七",山寨版"鸟巢",山寨版的《红楼梦》甚至火过新版《红楼梦》。 从 2003 年开始出现山寨手机到各种山寨产品,"山寨"一词从经济行为逐渐演变为一 种社会文化现象。如今"山寨相机"、"山寨电影"、"山寨明星"甚至"山寨版的春晚" 等诸多带有模仿性质的"山寨现象"层出不穷,形成了独有的"山寨文化"。 KEYWORDS: "Shanzhai" or "copycat"(山寨) MODEL ESSAY: As is indicated in the illustration given above, one well-known historical notability named Li Kui is being astonished by his another-self, who is standing in the opposite side, with a disgraceful note in his hand announcing "giving you the parallel experience as the original edition could pay". So, paid for what?
Definitely, he would be paid for his special reputation as a so-called "Copycat Big Star" or "Shanzhai Superstar" which is rampant in today's China. The trend of the variety of human culture is unchangeable even without the action delivered by human beings ascribing to the various individualities themselves, so is this round of culture revolution. The novelties emanating from the "Copycat Culture""Shanzhai Movie", "Shanzhai Camera" and even "Shanzhai Celebration of Spring Festival" have brought a lot of entertainment to the public to some extent, but what we should never be blind to is their negative influence if they go to extremes hypothetically. Just as the exemplification demonstrated in the cartoon goes, "Shanzhai Star" is taking advantage of the fame or profitable value generating from the true superstar, sometimes this kind of behavior is a typical infringement to the intellectual property indeed, which we can never fail to recognize from TV programs or newspapers always. Then, the question goes to another orientation, that is, whether or not should we admit the existence of "Copycat Culture" or to what extent could we make efforts to protect the rights of original authority? It goes with no denying that the engine of the development of a country is subject to the nation's creative power, which needs the much strongest protection from no matter government or civilian to fight with any behavior ravaging this kind of ecological balance. Fortunately, the first good news has been coming in "a unique 15-digit code, the International Mobile Equipment Identity (IMEI), is being applied to China's more than 200 types of registered mobile phones. The effort will combat "Shanzhai" mobile phones, or copycat phones, the Ministry of Industry and Information Technology said recently. " 特别提醒:2011 年必背小作文三篇 订购及销售信
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that this happy state of affairs can be attributed to two causes. First, we managed to avoid passing on any part of our increased manufacturing costs to our majestic clients. Second, we believe our designs and colors are the most attractive that we have ever produced. And so we are happy to be able to tell you that our new season's are,
if anything, more attractive than last year's and our prices will compare very favorably with those of any of our competitors. We believe that you will agree that our samples prove the truth of our claims. We look forward for you to favor us an order. 订购: Could you give us some idea about your price? Full information as to prices, quality, quantity available and other relative particulars would be highly appreciated. It will be greatly appreciated if you will kindly send us your samples. However, we find that we can obtain a price less by 30% than yours with local firm. 投诉信: 你参加了一个公司的面试, 结果在面试过程中考官把你批的颜面全无, 根本不顾及你的 感受,请写信给这个公司的领导投诉。
3,期待的解决方式 点评:这是一封典型的 combination(合体式)作文,它既涉及找工作面试用语,又涉 及投诉信,代表了考研应用文命题的典型思路。 MODEL ESSAY: Dear Sir or Madam, I, the undersigned, am a job applicant who had participated in the interview held by your company last Wednesday. I feel bad to trouble you but I am afraid that I have to make a complaint about this jod-striving experience. The reason for my dissatisfaction has nothing to do with the outcome but the tone of your interviewer, Mr Wang. First, when I was about to illuminating my deep thought, he began to blame on my so-called nonsense according to his perspective. Additionally, his cynical eyesight always made me feel that I am a reject , after all, I am a novice who has stepped into this ruthless carrer world for the first time. I appreciate it very much if you could take my letter into consideration, what I really want is just an apology delivered from him,and I would like to have this matter settled by this Friday. Yours, Li Ming


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Research and Markets has released a new report, titled "Contactless Payment Market – Global Forecast to 2021" that, according to their figures, shows the contactless payment market size is estimated to grow from USD 6.70 billion in 2016 to USD 17.56 billion by 2021, at a CAGR of 21.2%.
Wearables, ease of integration of contactless payment technology with existing cards and increased average transaction value is also driving the growth of the market.
In 2016, payment terminal solution is expected to dominate the contactless payment solutions market due to the increasing support and assistance required by the merchants who are readily deploying the contactless payment terminals in the businesses to support contactless payment transactions.
Healthcare is the fastest-growing vertical due to increasing adoption of contactless technology for bill payments in hospitals. Professional services commands the major share in contactless payment services market as these services are necessary for the successful implementation of contactless payment platforms and technologies.
Europe is expected to hold the largest market share of the contactless payment market in 2016 due to technological advancements and increasing contactless smart card roll-outs. APAC is expected to have the highest growth rate during the forecast period due to the increasing number of contactless payment technology enabled smart phones in countries such as China, Australia, Japan, and India.
Companies mentioned in the report include; Gemalto N.V., Giesecke & Devrient GmbH, Heartland Payment Systems, Inc., Ingenico Group, Inside Secure, Oberthur Technologies Sa, On Track Innovations, Proxama, PLC, Verifone Systems, Inc., Wirecard AG


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Review: The Phantom of the Opera at the Royal Albert Hall
Laura Pledger shares her thoughts on Andrew Lloyd Webber's 25th anniversary show, both live and on film
Tonight BBC Radio 2 sends lyricist Don Black – a man who knows a thing or two about hit musicals – on an exploration of the Phantom Phenomenon (10pm). He's hoping to find the root of the record-breaking musical's success, to define the magic that's seen the show play to 130 million people in 27 countries and amass an estimated gross of $5.6 billion, outstripping even blockbuster films like Avatar and ET.
I wish him luck with it. I've been a fan of the show since I first saw it 12 years ago on Broadway, and if there's one thing I've learned in all that time, it's that what pleases one Phan will have another reaching for their magical lasso.
Phantom turned 25 this year and celebrated in style, with three lavish shows at the Royal Albert Hall. I was there on the evening of Sunday 2 October, loving every minute as Andrew Lloyd Webber's music flooded the huge auditorium with sound and the audience with emotion.
What will stick with me from that night? Sierra Boggess bringing down the house with Think of Me and Wishing You Were Somehow Here Again; Ramin Karimloo's vulnerable Phantom, radiating sexual allure; Michael Crawford being visibly moved by the rapturous audience reception when he appeared on stage at curtain call; and Karimloo bobbing his head in time with the beat as he waited to join four other Phantoms and Sarah Brightman in a barnstorming rendition of the title track.
Sunday, of course, was also the night that Love Never Dies stars Karimloo and Boggess rekindled their Phantom 'n' Christine Daaé chemistry for the cameras, as the performance was beamed live into cinemas across the world. Keen to see what cinemagoers had experienced as I was sitting straining my neck at the Royal Albert Hall, I went along to the cast screening at the Odeon West End on Friday 28 October.
Andrew Lloyd Webber and Cameron Mackintosh got the event off to a flying start, quite the comedy double act as they teased the assembled cast that, while they would never dream of mentioning the word "blackmail", they would, however, point out that everybody's microphones had been switched on at every point during the three-hour performance…
Ordinary cinemagoers should watch screenings surrounded by the cast more often. It was quite a revelation. Gales of laughter greeted the in-jokes about working in the theatre that pepper the first half of POTO, key numbers were met with applause and, judging by the reaction to Wendy Ferguson's performance, a sizable number know "a Carlotta" only too well!
The filmed version looks fantastic. And, while I wouldn't have missed the live performance for the world, I have to admit, what cinemagoers may have lost in atmosphere was more than compensated for by incredible close-ups that thrust you right into the midst of the action.
Of course, certain tricks that enliven the stage show could never be replicated at the Royal Albert Hall. The greatest of these, the chandelier fall, was decidedly muted in comparison (though I'm not likely to forget it – I was sitting underneath it when the firecrackers went off at the interval and I can tell you, those smouldering remnants were hot).
Phans will debate things like the casting till the cows come home – was it overkill to reunite the two stars of sequel Love Never Dies in the leading roles? (Well, you tell me – would you turn down chemistry like that?) Did Hadley Fraser flirt more with danger than Daaé as he gave us a colder, more distant, more "Love Never Dies" Raoul? (Maybe, though for me it was a refreshing take on a character I'd previously always dismissed as a wimp.)
But arguing is all part of the fun of fandom, and it's hard to imagine too many aficionados being disappointed with the DVD. It's a sumptuous treatment of the long-running musical, with achingly honest performances from its leads and a fantastic orchestra doing full justice to Lloyd Webber's soaring score.
Have you seen The Phantom of the Opera at the Royal Albert Hall, in the cinema or on DVD? Post a comment below and tell us what you thought…
The Phantom of the Opera at the Royal Albert Hall is available on DVD, Double Play DVD and Blu-ray, CD and download from 14 November.


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Invisalign® Info Treatments in Lakewood Colorado
We are a Certified Invisalign Provider
Consider Invisalign treatment to get the beautiful straight teeth you've always wanted — without braces. With Invisalign, a new technology is developed in orthodontics and one of the alternative way to straighten teeth without causing any pain. A complimentary consultation with our doctor can determine if Invisalign clear aligners are right for you.
What does Invisalign means?
Invisalign treatment uses a series of virtually invisible, removable, and comfortable aligners that allow you to smile more during treatment as well as after. Invisalign clear aligners are made with 3D computer imaging technology and have been proven effective. More than 70% of orthodontists in the US and Canada are certified to administer Invisalign treatment.
Invisalign is plastic aligners and easily shifts the teeth to its correct position by wearing series of custom made aligners.
Why would I want it?
Not only are the aligners virtually invisible, they are removable, so you can eat and drink what you want while in treatment. Plus, brushing and flossing are no problems. They are also more comfortable than traditional braces, with no metal or wires, which also usually mean you spend less time in your doctor's office getting adjustments. Invisalign treatment also allows you to view your own virtual treatment plan when you start so you can see how your straight teeth will look when your treatment is complete.
How does it work?
You wear each set of aligners for about two weeks, removing them only to eat, drink, brush, and floss. As you replace each aligner with the next in the series, your teeth will move — little by little, week by week — until they have straightened to their final positions. You'll visit us about once every six weeks to ensure that your treatment is progressing as planned. Total treatment time averages nine to 15 months and the average number of aligners worn during treatment is between 18 and 30, but both will vary from case to case.
For more information on Invisalign treatment, Consult our Invisalign dentist Dr.Tamara J. Herremans D.D.S
Most Frequently Asked Questions
1. What are the benefits of Invisalign Aligners?
There are a number of significant benefits of Invisalign aligners, some of them are:
- It improves appearance and smile
- Comfortable and Convenience to wear
- Very safe to use and clean
- Does not cause any pain
- Easy to remove and wear
- Consumes less time for the treatment compared to traditional orthodontics
- Clear, Straight and beautiful teeth
- Improves overall oral health
- There is no restriction to eat food. Only it should be removed white eating food or having drinks.
- No Embarrassment compared to dental braces
There are many more benefits of using Invisalign, if you looking for straight and clear teeth then consult our Dr. Tamara J. Herremans D.D.S at Lakewood Colorado by scheduling an appointment
2. How long should I wear Invisalign and when should I replace it?
It is estimated to wear clear aligners around 22 hours daily to get perfect shape of the teeth. Each aligner should be replaced every 2-3 weeks because it depends on the structure of teeth to get effective dental results.
Note: To ensure good shape of teeth, you should remove your aligners only while brushing your teeth and eating food.
3. Can I wear aligners while having food or drinks?
No, while eating foods or drinks please remove your Invisalign aligners. Otherwise, it would get damage Invisalign, discolored and difficult to straighten your teeth. After eating food, rinse your mouth well and wear back the aligners. This would help the dentist to align the teeth faster and easier way.
4. How long the treatment takes?
The Invisalign treatment may usually take less than 1 hour. But, to get teeth straighten it would take around 12-15 months. You should wear series of different aligners every 2 weeks to get perfect shape the teeth structure.
5. Can I wear Invisalign aligners while sleeping?
Yes, you can have aligners even while sleeping because it is mandatory to wear around 22 hours of Invisalign aligners every single day except while eating foods or having some beverages.
To know more about Invisalign, Call our Invisalign dentist Dr. Tamara J. Herremans D.D.S (303) 984-1400 at Lakewood Colorado and schedule an appointment.
6. What are the steps to care Invisalign?
Here are the few steps to care of Invisalign:
- Buy a Invisalign cleaning kit to clean your aligners
- Use lukewarm water for cleaning
- Remove aligners white eating or drinking otherwise it can damage the Invisalign
- While playing sports remove your aligners and wear protective mouth guard
- Before going to bed clean you aligners and wear them for at least 22 hours a day
- Replace new set of aligners every two weeks for better oral health and straight teeth
- Keep it in dry or cool place for effective solution


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*Offering resort style living in a prestigious neighbourhood, this spacious, flawlessly presented home is jam packed throughout with quality inclusions and fittings
*Basking in the afterglow of a complete renovation to every corner. Quite simply there is nothing left to do except sit back and enjoy living the ultimate lifestyle
*Featuring four bedrooms with built ins, main bedroom with luxury ensuite, his & hers walkin robes, air conditioning and private courtyard
*Gourmet kitchen with an abundance of cupboards, granite bench tops, stainless steel appliances - flowing on to a very spacious open plan living and dining area
*Separate formal living area with split system air conditioner
*Entertain your guests in style on the deck while overlooking the inground concrete swimming pool with waterfall
*Ultra private fully fenced grassed yard, perfect for keeping the kids & pets happy, all set on a large 783m2 block (approx)
*Within a few minutes stroll to the edge of Lake Macquarie
*Only a short 1 hour drive up the M1 from Sydney
To whom it may concern, On behalf of Mannering Park Public School community, I would like to thank you for your contribution and support of our Fete. The day was a big success and without your support this would not have been possible. The funds raised from this event are hopefully going to be allocated to much needed technology that will provide many opportunities for the students at our school. Thank you for your support. Alisha Kinnell, President, Mannering Park Public School P & C December 2018
I would like to express my appreciation for the enthusiastic, professional and personable manner in which you handled the sale of my properties. It was always a delight to work with you and your team and we felt that you were truly interested in achieving a good outcome for your clients. You were dedicated to finding buyers for our properties and matching up buyers with a property that met their needs and objectives. Over a number of years I have had quite a deal of experience dealing with real estate agents and it was clear to me that you are exceptional in your field. You were innovative, persistent (yes - a bulldog-like trait) and you communicated both regularly as well as whenever any event occurred. It is no surprise that, whereas other agents failed to find buyers for our properties, you were successful - and this success came quickly. As someone who has been in sales for many years I know the key to continued success is creating deals where each party is happy. This is your forte. I know I was delighted with the deals and the purchasers have told me they were as well. Without any reservation I can recommend you to any potential vendor or purchaser.
To Cathy and the "A" team - many thanks for your outstanding efforts selling our Summerland Point abode. A pleasant and very professional team! I would be remiss of us to move to our new home in Queensland without formally recognizing your sterling efforts in ensuring we were able to realise our hopes to "head North". As you are aware, we were reluctant after some 15 pleasant years in Summerland Point, but needed to make the move for family reasons. You were one of four agents we interviewed prior to putting our home at 28 Gordon Avenue on the market and while all were no doubt eminently qualified and presented well, we were drawn to your excellent local knowledge, record of achievements in the Summerland Point market sales proposal, empathy four our situation and professional demeanour. There were some difficult moments given the timing of our sales launch - Just prior to Christmas - and with some poor weather complicating the photo/video shoot, but you were committed to the cause and never related in your determination to get us a fair sales result. You were not deterred by several setbacks and remained focused on the primary objective, going "the extra metre" to get a resolution. We have been involved in quite a few real estate sales and have never encountered a more professional or committed agent. We are extremely grateful for the efforts of you - and your excellent and pleasant staff - in securing the sale of our property for a fair price in a difficult market. We greatly appreciate your efforts, wish you well in your future endeavors, and have no hesitation in recommending you to any vendor - or purchaser - wishing to do business with a professional and committed agent who exhibits the highest levels of integrity. Kind regards, Christine & Geoff Want


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