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The classical theories of Linear Elasticity and Newtonian Fluids,
though trium phantly elegant as mathematical structures, do not
adequately describe the defor mation and flow of most real
materials. Attempts to characterize the behaviour of real materials
under the action of external forces gave rise to the science of
Rheology. Early rheological studies isolated the phenomena now
labelled as viscoelastic. Weber (1835, 1841), researching the
behaviour of silk threats under load, noted an instantaneous
extension, followed by a further extension over a long period of
time. On removal of the load, the original length was eventually
recovered. He also deduced that the phenomena of stress relaxation
and damping of vibrations should occur. Later investigators showed
that similar effects may be observed in other materials. The German
school referred to these as "Elastische Nachwirkung" or "the
elastic aftereffect" while the British school, including Lord
Kelvin, spoke ofthe "viscosityofsolids." The universal adoption of
the term "Viscoelasticity," intended to convey behaviour combining
proper ties both of a viscous liquid and an elastic solid, is of
recent origin, not being used for example by Love (1934), though
Alfrey (1948) uses it in the context of polymers. The earliest
attempts at mathematically modelling viscoelastic behaviour were
those of Maxwell (1867) (actually in the context of his work on
gases; he used this model for calculating the viscosity of a gas)
and Meyer (1874)."
Principles of Patent Law provides comprehensive coverage of the
policies, laws, rules, and practices of the U.S. patent system in a
format accessible to students, lawyers, government officials, and
business people. The Seventh Edition builds on the strengths of
prior editions in combining discussions of the law and theory of
patents with instructive case materials. The Seventh Edition
features a number of significant changes designed to reflect the
"new normal" with respect to various aspects of U.S. patent law,
including (1) the revitalization of jurisprudence on subject-matter
eligibility, (2) the ongoing transition to dominance of
patentability provisions adopted by the America Invents Act of 2011
(AIA), and (3) the increased roles of administrative proceedings
and administrative-law concerns in patent law practice. In response
to such developments, we have reorganized the chapters on
patentability essentially to follow the order of 101 to 103 and 112
in the Patent Act. In the chapters on novelty and nonobviousness,
we have generally placed the primary focus on the AIA formulations
of these requirements, with pre-AIA law now tending to appear in a
more secondary role. We have also introduced a new, separate
chapter on "Procedures and Institutions" of patent law. We hope
that the result is a spryer casebook that stays true to the vision
of the First Edition.
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