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It is enough that the combination would sometimes perform all the method steps, including farther over nearer ordering. This case was decided under pre AIA law, applying first to invent priority. The case presents a somewhat troubling analysis if AIA first to file is being applied, as many attorneys might think that a filing three online dating personals matchmaking agency after receipt of a disclosure is reasonable.
Putting this case in the context of a malpractice action filed based on an attorney taking three months to file an application, the case presents a premonition of what the proofs might look like for an attorney to demonstrate her diligence in working with an inventor to perfect and north dakota adult dating an application. As I understand the opinion of the Court, notwithstanding the admissions of counsel, and the sworn stenographic report of what took place, the affidavit must be accepted, and if it discloses matters which, if true, would tend to establish bias and prejudice, the same must be given effect and the judge be disqualified.
It does not seem to me that this conclusion comports with the requirements of the statute that reasons and facts must be set forth for the consideration of the judge. It places the federal courts at the mercy of north dakota adult dating who are willing to make affidavits as to what took place at previous trials in the court, which the knowledge of the judge, and the uncontradicted testimony of an official report may show to be untrue, and in many districts may greatly retard the trial of criminal causes.
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It is urged that the purpose of the requirement is to submit the reality and sufficiency of the facts to the judgment of the judge and their support of the averment north dakota adult dating belief of the affiant. It is, in effect, urged that the requirement can have no other purpose, that it is idle else, giving an automatism to the affidavit which overrides everything. But this is a misunderstanding of the requirement. It has other and north dakota adult dating extensive use, as pointed out by Judge Meek in Henry v.
Speer, supra. It is a precaution against abuse, removes the averments and belief from the irresponsibility of unsupported opinion, and adds to the certificate of counsel the supplementary aid of the penalties attached to perjury.