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1、Over the past decade, thousands of patents have been granted for what are called business methods. Amazon.com received one for its “one-click” online payment system. Merrill Lynch got legal protection for an asset allocation strategy. One inventor patented a technique for lifting a box.Now the nation's top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago. In a move that has intellectual-property lawyers abuzz, the U.S. Court of Appeals for the Federal Circuit said it would use a particular case to conduct a broad review of business-method patents. In re Bilski, as the case is known , is “a very big deal”, says Dennis D. Crouch of the University of Missouri School of Law. It “has the potential to eliminate an entire class of patents.”Curbs on business-method claims would be a dramatic about-face, because it was the Federal Circuit itself that introduced such patents with its 1998 decision in the so-called State Street Bank case, approving a patent on a way of pooling mutual-fund assets. That ruling produced an explosion in business-method patent filings, initially by emerging Internet companies trying to stake out exclusive rights to specific types of online transactions. Later, more established companies raced to add such patents to their files, if only as a defensive move against rivals that might beat them to the punch. In 2005, IBM noted in a court filing that it had been issued more than 300 business-method patents, despite the fact that it questioned the legal basis for granting them. Similarly, some Wall Street investment firms armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.The Bilski case involves a claimed patent on a method for hedging risk in the energy market. The Federal Circuit issued an unusual order stating that the case would be heard by all 12 of the court's judges, rather than a typical panel of three, and that one issue it wants to evaluate is whether it should “reconsider” its State Street Bank ruling.The Federal Circuit's action comes in the wake of a series of recent decisions by the Supreme Court that has narrowed the scope of protections for patent holders. Last April, for example, the justices signaled that too many patents were being upheld for “inventions” that are obvious. The judges on the Federal Circuit are “reacting to the anti-patent trend at the Supreme Court”, says Harold C. Wegner, a patent attorney and professor at George Washington University Law School.1.Business-method patents have recently aroused concern because of( ). 2.Which of the following is true of the Bilski case?3.The word “about-face” (Line 1, Para 3) most probably means ( ). 4.We learn from the last two paragraphs that business-method patents ( ). 5.Which of the following would be the subject of the text?
問題1
A、their limited value to businesses
B、their connection with asset allocation
C、the possible restriction on their granting
D、the controversy over their authorization
問題2
A、Its ruling complies with the court decisions.
B、It involves a very big business transaction.
C、It has been dismissed by the Federal Circuit.
D、It may change the legal practices in the U.S.
問題3
A、loss of good will
B、increase of hostility
C、change of attitude
D、enhancement of dignity
問題4
A、are immune to legal challenges
B、are often unnecessarily issued
C、lower the esteem for patent holders
D、increase the incidence of risks
問題5
A、A looming threat to business-method patents.
B、Protection for business-method patent holders.
C、A legal case regarding business-method patents.
D、A prevailing trend against business-method patents.
2、Ancient Greek philosopher Aristotle viewed laughter as “a bodily exercise precious to health.” But(1)some claims to the contrary, laughing probably has little influence on physical fitness. Laughter does (2)short-term changes in the function of the heart and its blood vessels, (3) heart rate and oxygen consumption. But because hard laughter is difficult to (4), a good laugh is unlikely to have (5) benefits the way, say, walking or jogging does. (6), instead of straining muscles to build them, as exercise does, laughter apparently accomplishes the (7), studies dating back to the 1930's indicate that laughter (8) muscles, decreasing muscle tone for up to 45 minutes after the laugh dies down. Such bodily reaction might conceivably help (9) the effects of psychological stress. Anyway, the act of laughing probably does produce other types of (10) feedback, that improve an individual's emotional state. (11) one classical theory of emotion, our feelings are partially rooted (12) physical reactions. It was argued at the end of the 19th century that humans do not cry (13) they are sad but they become sad when the tears begin to flow. Although sadness also (14) tears, evidence suggests that emotions can flow (15) muscular responses. In an experiment published in 1988, social psychologist Fritz Strack of the University of Würzburg in Germany asked volunteers to (16) a pen either with their teeth—thereby creating an artificial smile—or with their lips, which would produce a(n)(17) expression. Those forced to exercise their smiling muscles(18) more enthusiastically to funny cartoons than did those whose months were contracted in a frown,(19) that expressions may influence emotions rather than just the other way around. (20), the physical act of laughter could improve mood.
問題1
A、among
B、except
C、despite
D、like
問題2
A、reflect
B、demand
C、indicate
D、produce
問題3
A、stabilizing
B、boosting
C、impairing
D、determining
問題4
A、transmit
B、sustain
C、evaluate
D、observe
問題5
A、measurable
B、manageable
C、affordable
D、renewable
問題6
A、In turn
B、In fact
C、In addition
D、In brief
問題7
A、opposite
B、impossible
C、average
D、expected
問題8
A、hardens
B、weakens
C、tightens
D、relaxes
問題9
A、aggravate
B、generate
C、moderate
D、enhance
問題10
A、physical
B、mental
C、subconscious
D、internal
問題11
A、Except for
B、According to
C、Due to
D、As for
問題12
A、with
B、on
C、in
D、at
問題13
A、unless
B、until
C、if
D、because
問題14
A、exhausts
B、follows
C、precedes
D、suppresses
問題15
A、into
B、from
C、towards
D、beyond
問題16
A、fetch
B、bite
C、pick
D、hold
問題17
A、disappointed
B、excited
C、joyful
D、indifferent
問題18
A、adapted
B、catered
C、turned
D、reacted
問題19
A、suggesting
B、requiring
C、mentioning
D、supposing
問題20
A、Eventually
B、Consequently
C、Similarly
D、Conversely
3、The decision of the New York Philharmonic to hire Alan Gilbert as its next music director has been the talk of the classical-music world ever since the sudden announcement of his appointment in 2009. For the most part, the response has been favorable, to say the least. “Hooray! At last!” wrote Anthony Tommasini, a sober-sided classical-music critic. One of the reasons why the appointment came as such a surprise, however, is that Gilbert is comparatively little known. Even Tommasini, who had advocated Gilbert's appointment in the Times, calls him “an unpretentious musician with no air of the formidable conductor about him.” As a description of the next music director of an orchestra that has hitherto been led by musicians like Gustav Mahler and Pierre Boulez, that seems likely to have struck at least some Times readers as faint praise. For my part, I have no idea whether Gilbert is a great conductor or even a good one. To be sure, he performs an impressive variety of interesting compositions, but it is not necessary for me to visit Avery Fisher Hall, or anywhere else, to hear interesting orchestral music. All I have to do is to go to my CD shelf, or boot up my computer and download still more recorded music from iTunes. Devoted concertgoers who reply that recordings are no substitute for live performance are missing the point. For the time, attention, and money of the art-loving public, classical instrumentalists must compete not only with opera houses, dance troupes, theater companies, and museums, but also with the recorded performances of the great classical musicians of the 20th century. There recordings are cheap, available everywhere, and very often much higher in artistic quality than today's live performances; moreover, they can be “consumed” at a time and place of the listener's choosing. The widespread availability of such recordings has thus brought about a crisis in the institution of the traditional classical concert. One possible response is for classical performers to program attractive new music that is not yet available on record. Gilbert's own interest in new music has been widely noted: Alex Ross, a classical-music critic, has described him as a man who is capable of turning the Philharmonic into “a markedly different, more vibrant organization.” But what will be the nature of that difference? Merely expanding the orchestra's repertoire will not be enough. If Gilbert and the Philharmonic are to succeed, they must first change the relationship between America's oldest orchestra and the new audience it hopes to attract. 1.We learn from Para.1 that Gilbert's appointment has( ).2.Tommasini regards Gilbert as an artist who is ( ). 3.The author believes that the devoted concertgoers ( ). 4.According to the text, which of the following is true of recordings? 5.Regarding Gilbert's role in revitalizing the Philharmonic, the author feels( ).
問題1
A、incurred criticism
B、raised suspicion
C、received acclaim
D、aroused curiosity
問題2
A、influential
B、modest
C、respectable
D、talented
問題3
A、ignore the expenses of live performances
B、reject most kinds of recorded performances
C、exaggerate the variety of live performances
D、overestimate the value of live performances
問題4
A、They are often inferior to live concerts in quality.
B、They are easily accessible to the general public.
C、They help improve the quality of music.
D、They have only covered masterpieces.
問題5
A、doubtful
B、enthusiastic
C、confident
D、puzzled
4、The ethical judgments of the Supreme Court justices have become an important issue recently. The court cannot(1)its legitimacy as guardian of the rule of law(2)justices behave like politicians. Yet, in several instances, justices acted in ways that(3) the court's reputation for being independent and impartial. Justice Antonin Scalia, for example, appeared at political events. That kind of activity makes it less likely that the court's decisions will be(4)as impartial judgments. Part of the problem is that the justices are not(5) by an ethics code. At the very least, the court should make itself (6) to the code of conduct that (7) to the rest of the federal judiciary. This and other similar cases (8) the question of whether there is still a (9) between the court and politics. The framers of the Constitution envisioned law (10) having authority apart from politics. They gave justices permanent positions (11) they would be free to (12 )those in power and have no need to (13)political support. Our legal system was designed to set law apart from politics precisely because they are so closely (14) . Constitutional law is political because it results from choices rooted in fundamental social (15) like liberty and property. When the court deals with social policy decisions, the law it (16)is inescapably political—which is why decisions split along ideological lines are so easily (17) as unjust. The justices must (18) doubts about the court's legitimacy by making themselves (19) to the code of conduct. That would make rulings more likely to be seen as separate from politics and, (20), convincing as law.
問題1
A、emphasize
B、maintain
C、modify
D、recognize
問題2
A、when
B、lest
C、before
D、unless
問題3
A、restored
B、weakened
C、established
D、eliminated
問題4
A、challenged
B、compromised
C、suspected
D、accepted
問題5
A、advanced
B、caught
C、bound
D、founded
問題6
A、resistant
B、subject
C、immune
D、prone
問題7
A、resorts
B、sticks
C、loads
D、applies
問題8
A、evade
B、raise
C、deny
D、settle
問題9
A、line
B、barrier
C、similarity
D、conflict
問題10
A、by
B、as
C、though
D、towards
問題11
A、so
B、since
C、provided
D、though
問題12
A、serve
B、satisfy
C、upset
D、replace
問題13
A、confirm
B、express
C、cultivate
D、offer
問題14
A、guarded
B、followed
C、studied
D、tied
問題15
A、concepts
B、theories
C、divisions
D、conventions
問題16
A、excludes
B、questions
C、shapes
D、controls
問題17
A、dismissed
B、released
C、ranked
D、distorted
問題18
A、suppress
B、exploit
C、address
D、ignore
問題19
A、accessible
B、amiable
C、agreeable
D、accountable
問題20
A、by all means
B、at all costs
C、in a word
D、as a result
5、In the idealized version of how science is done, facts about the world are waiting to be observed and collected by objective researchers who use the scientific method to carry out their work. But in the everyday practice of science, discovery frequently follows an ambiguous and complicated route. We aim to be objective, but we cannot escape the context of our unique life experience. Prior knowledge and interest influence what we experience, what we think our experiences mean, and the subsequent actions we take. Opportunities for misinterpretation, error, and self-deception abound. Consequently, discovery claims should be thought of as protoscience. Similar to newly staked mining claims, they are full of potential. But it takes collective scrutiny and acceptance to transform a discovery claim into a mature discovery. This is the credibility process, through which the individual researcher's me, here, now becomes the community's anyone, anywhere, anytime. Objective knowledge is the goal, not the starting point. Once a discovery claim becomes public, the discoverer receives intellectual credit. But, unlike with mining claims, the community takes control of what happens next. Within the complex social structure of the scientific community, researchers make discoveries; editors and reviewers act as gatekeepers by controlling the publication process; other scientists use the new finding to suit their own purposes; and finally, the public (including other scientists) receives the new discovery and possibly accompanying technology. As a discovery claim works it through the community, the interaction and confrontation between shared and competing beliefs about the science and the technology involved transforms an individual's discovery claim into the community's credible discovery. Two paradoxes exist throughout this credibility process. First, scientific work tends to focus on some aspect of prevailing Knowledge that is viewed as incomplete or incorrect. Little reward accompanies duplication and confirmation of what is already known and believed. The goal is new-search, not re-search. Not surprisingly, newly published discovery claims and credible discoveries that appear to be important and convincing will always be open to challenge and potential modification or refutation by future researchers. Second, novelty itself frequently provokes disbelief. Nobel Laureate and physiologist Albert Azent-Gyorgyi once described discovery as “seeing what everybody has seen and thinking what nobody has thought.” But thinking what nobody else has thought and telling others what they have missed may not change their views. Sometimes years are required for truly novel discovery claims to be accepted and appreciated. In the end, credibility “happens” to a discovery claim—a process that corresponds to what philosopher Annette Baier has described as the commons of the mind. “We reason together, challenge, revise, and complete each other's reasoning and each other's conceptions of reason.” 1.According to the first paragraph, the process of discovery is characterized by its( ).2.It can be inferred from Paragraph 2 that credibility process requires ( ). 3.Paragraph 3 shows that a discovery claim becomes credible after it ( ). 4.Albert Szent-Gyorgyi would most likely agree that ( ). 5.Which of the following would be the best title of the test?
問題1
A、uncertainty and complexity
B、misconception and deceptiveness
C、logicality and objectivity
D、systematicness and regularity
問題2
A、strict inspection
B、shared efforts
C、individual wisdom
D、persistent innovation
問題3
A、has attracted the attention of the general public
B、has been examined by the scientific community
C、has received recognition from editors and reviewers
D、has been frequently quoted by peer scientists
問題4
A、scientific claims will survive challenges
B、discoveries today inspire future research
C、efforts to make discoveries are justified
D、scientific work calls for a critical mind
問題5
A、Novelty as an Engine of Scientific Development.
B、Collective Scrutiny in Scientific Discovery.
C、Evolution of Credibility in Doing Science.
D、Challenge to Credibility at the Gate to Science.
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