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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、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
3、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.
4、If the trade unionist Jimmy Hoffa were alive today, he would probably represent civil servant. When Hoffa's Teamsters were in their prime in 1960, only one in ten American government workers belonged to a union; now 36% do. In 2009 the number of unionists in America's public sector passed that of their fellow members in the private sector. In Britain, more than half of public-sector workers but only about 15% of private-sector ones are unionized. There are three reasons for the public-sector unions' thriving. First, they can shut things down without suffering much in the way of consequences. Second, they are mostly bright and well-educated. A quarter of America's public-sector workers have a university degree. Third, they now dominate left-of-centre politics. Some of their ties go back a long way. Britain's Labor Party, as its name implies, has long been associated with trade unionism. Its current leader, Ed Miliband, owes his position to votes from public-sector unions. At the state level their influence can be even more fearsome. Mark Baldassare of the Public Policy Institute of California points out that much of the state's budget is patrolled by unions. The teachers' unions keep an eye on schools, the CCPOA on prisons and a variety of labor groups on health care. In many rich countries average wages in the state sector are higher than in the private one. But the real gains come in benefits and work practices. Politicians have repeatedly “backloaded” public-sector pay deals, keeping the pay increases modest but adding to holidays and especially pensions that are already generous. Reform has been vigorously opposed, perhaps most egregiously in education, where charter schools, academies and merit pay all faced drawn-out battles. Even though there is plenty of evidence that the quality of the teachers is the most important variable, teachers' unions have fought against getting rid of bad ones and promoting good ones. As the cost to everyone else has become clearer, politicians have begun to clamp down. In Wisconsin the unions have rallied thousands of supporters against Scott Walker, the hardline Republican governor. But many within the public sector suffer under the current system, too. John Donahue at Harvard's Kennedy School points out that the norms of culture in Western civil services suit those who want to stay put but is bad for high achievers. The only American public-sector workers who earn well above $250,000 a year are university sports coaches and the president of the United States. Bankers' fat pay packets have attracted much criticism, but a public-sector system that does not reward high achievers may be a much bigger problem for America. 1.It can be learned from the first paragraph that( ).2.Which of the following is true of Paragraph 2? 3.It can be learned from Paragraph 4 that the income in the state sector is( ). 4.The example of the unions in Wisconsin shows that unions ( ). 5.John Donahue's attitude towards the public-sector system is one of ( ).
問題1
A、Teamsters still have a large body of members
B、Jimmy Hoffa used to work as a civil servant
C、unions have enlarged their public-sector membership
D、the government has improved its relationship with unionists
問題2
A、Public-sector unions are prudent in taking actions.
B、Education is required for public-sector union membership.
C、Labor Party has long been fighting against public-sector unions.
D、Public-sector unions seldom get in trouble for their actions.
問題3
A、illegally secured
B、indirectly augmented
C、excessively increased
D、fairly adjusted
問題4
A、often run against the current political system
B、can change people's political attitudes
C、may be a barrier to public-sector reforms
D、are dominant in the government
問題5
A、disapproval
B、appreciation
C、tolerance
D、indifference
5、As many people hit middle age, they often start to notice that their memory and mental clarity are not what they used to be. We suddenly can't remember(1)we put the keys just a moment ago, or an old acquaintance's name, or the name of an old band we used to love. As the brain(2), we refer to these occurrences as “senior moments.”(3)seemingly innocent, this loss of mental focus can potentially have a(n)(4)impact on our professional, social, and personal(5).Neuroscientists, experts who study the nervous system, are increasingly showing that there's actually a lot that can be done. It (6)out that the brain needs exercise in much the same way our muscles do, and the right mental (7)can significantly improve our basic cognitive(8). Thinking is essentially a (9) of making connections in the brain. To a certain extent, our ability to (10) in making the connections that drive intelligence is inherited. (11), because these connections are made through effort and practice, scientists believe that intelligence can expand and fluctuate (12) mental effort.Now, a new Web-based company has taken it a step (13) and developed the first “brain training program” designed to actually help people improve and regain their mental (14).The Web-based program (15) you to systematically improve your memory and attention skills. The program keeps (16) of your progress and provides detailed feedback (17) your performance and improvement. Most importantly, it (18) modifies and enhances the games you play to (19) on the strengths you are developing—much like a(n) (20) exercise routine requires you to increase resistance and vary your muscle use.
問題1
A、why
B、when
C、that
D、where
問題2
A、improves
B、fades
C、collapses
D、recovers
問題3
A、While
B、Unless
C、Once
D、If
問題4
A、uneven
B、limited
C、damaging
D、obscure
問題5
A、relationship
B、environment
C、wellbeing
D、outlook
問題6
A、turns
B、finds
C、points
D、figures
問題7
A、responses
B、roundabouts
C、workouts
D、associations
問題8
A、genre
B、criterion
C、circumstances
D、functions
問題9
A、channel
B、process
C、sequence
D、condition
問題10
A、excel
B、feature
C、persist
D、believe
問題11
A、However
B、Moreover
C、Otherwise
D、Therefore
問題12
A、instead of
B、regardless of
C、apart from
D、according to
問題13
A、back
B、further
C、aside
D、around
問題14
A、framework
B、stability
C、sharpness
D、flexibility
問題15
A、hurries
B、reminds
C、forces
D、allows
問題16
A、order
B、track
C、hold
D、pace
問題17
A、to
B、on
C、for
D、with
問題18
A、constantly
B、habitually
C、irregularly
D、unusually
問題19
A、carry
B、put
C、build
D、take
問題20
A、risky
B、familiar
C、idle
D、effective
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