问题 多项选择题

无效宣告请求人在提出请求时提交的证据有技术设计图纸,在之后的1个月内补充的证据有美国专利说明书及其译文,并在口头审理时提交了专业杂志、《英汉技术词典》和技术设计人员的书而证言作为证据,上述证据均用于证明被请求宣告无效的发明专利不具有新颖性和创造性。以下说法哪些是正确的

A.专利复审委员会对请求人提交的所有证据均予以考虑

B.专利复审委员会对请求人在口头审理时提交的证据均不予考虑

C.专利复审委员会对请求人在口头审理时提交的专业杂志和《英汉技术词典》予以考虑

D.专利复审委员会对请求人在口头审理时提交的专业杂志和书面证言不予考虑

答案

参考答案:D

解析:[考点] 证据的提交
[详解] 《专利审查指南》第四部分第三章4.3.1请求人举证:“(1)请求人在提出无效宣告请求之日起1个月内补充证据的,应当在该期限内结合该证据具体说明相关的无效宣告理由,否则,专利复审委员会不予考虑。(2)请求人在提出无效宣告请求之日起1个月后补充证据的,专利复审委员会一般不予考虑,但下列情形除外:(i)针对专利权人以合并方式修改的权利要求或者提交的反证,请求人在专利复审委员会指定的期限内补充证据,并在该期限内结合该证据具体说明相关无效宣告理由的;(ii)在口头审理辩论终结前提交技术词典、技术手册和教科书等所属技术领域中的公知常识性证据或者用于完善证据法定形式的公证文书、原件等证据,并在该期限内结合该证据具体说明相关无效宣告理由的。(3)请求人提交的证据是外文的,提交其中文译文的期限适用该证据的举证期限。”口审时提交的《英汉技术词典》属于公知常识性证据,可以在口头审理辩论终结前提交,而口审时提交的其他证据因为超出了1个月的补充证据的期限,不予考虑。选项D正确。

阅读理解

Pierre is a 25-year-old penguin at the California Academy of Sciences. Due to his old age, he was going bald, which made him feel too cold to swim in the pool. Therefore, biologists at the academy had a wetsuit created for this penguin to help him get back in the swimming pool.

Unlike marine mammals, which have a layer of blubber to keep them warm, penguins depend on their waterproof feathers. Without them, Pierre was unwilling to jump into the swimming pool and ended up trembling on the side of the pool while his 19 peers played in the water.

"He was cold; he would shake," said Pam Schaller, a senior biologist. Schaller first tried a heat lamp to keep Pierre warm. Then she got another idea: if wetsuits keep humans warm in the cold Pacific, why not make one for Pierre?

Schaller designed the suit, which covered Pierre’s body and had small openings for his flippers.

"I would walk behind him and look at where there were any gaps, and cut and refit and cut and refit until it looked like it was extremely suitable," she said.

One concern was that the other penguins would reject Pierre in his new suit, but in fact, they accepted his new look. He swam freely and got along with others well, although he was the only penguin with a black stomach.

Schaller couldn’t say for sure whether the wetsuit allowed Pierre to recover his fine feathers, but "certainly we were able to keep him comfortable during a period of time that would have been very difficult for him to stay comfortable".

Pierre will take off his suit after his new feathers grow back.

小题1: Pierre felt too cold to swim in the pool because of _____.

A.not having a layer of blubber

B.having few feathers due to old age

C.having no wetsuit

D.others penguins rejecting him小题2:The idea of making a wetsuit for Pierre came from _____.

A.total invention

B.the use of wetsuit on humans

C.the use of heat lamp

D.waterproof feathers小题3: Schaller followed Pierre in order to see _____.

A.whether other penguins would reject him

B.if anywhere of wetsuit needed to be cut and refit

C.if the wetsuit kept warm

D.whether the wetsuit would keep the feathers from recovering小题4:What does the underlined word in the second paragraph mean?

A.feeling scared

B.staying alone

C.shaking with cold

D.keeping warm小题5:The best title of the passage is _____.

A.Wetsuit for An Old Penguin

B.Old Penguin Getting Bald

C.Unwilling to Swim

D.Strange Look of Pierre

多项选择题