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甲保健机械厂生产了一种新产品“按摩靠垫”并于1990年3月向国家专利局申请了实用新型专利,专利号为“91216311”。国家专利局于1991年1月授予专利权。1991年12月该厂将该专利使用权转让给一家医疗器械公司,并向国务院专利行政部门进行了登记后收取转让费10万元。该公司未及生产,就于1992年1月在市场上发现了与该专利产品相近、功能相同的“按摩靠垫”。经查,该种靠垫是南方乙保健器械厂生产的。于是,甲厂就向专利行政部门提出要求制止侵权行为,并赔偿损失。南方乙保健器械厂获知后,提出它们生产的产品虽然和甲厂生产的产品相似,但这是该厂于1988年最早研制出来并投入生产的。同时提出,甲厂的产品不符合《中华人民共和国专利法》(以下简称《专利法》)对新颖性的要求,请求专利管理机关宣告无效。专利行政部门经过调查,查明:南方乙保健器械厂所述该产品是它们厂最早研制并生产的无法证实,其生产的“按摩靠垫”是在1991年10月投人生产的,在其生产的“按摩靠垫”标明的专利号为“91216311”,乙厂共生产该种产品5000套,获利50万元。要求:根据上述事实及有关规定,回答下列问题:(1)南方乙保健器械厂如果所述属实,其能否申请专利行政部门宣告甲厂的专利无效理由是什么(2)南方乙保健器械厂如果所述属实,而专利复审委员会驳回其申请,如果不服的话应当如何处理(3)如果甲厂的专利被宣告无效,某医疗器械公司能否要求甲厂返还专利转让费(4)甲厂专利权的有效期是几年(5)本案中,甲厂如何维护其合法权益(6)甲厂可以获得的赔偿数额应当如何确定

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Many years (Example: (0) ) , life was (41) than it is today. People didn’t have modem machines. There was no modem medicine, (42) . Life today has brought new problems. One of the biggest is pollution ( 污染 ). Water pollution has (43) our rivers and lakes dirty. It kills fish and affects( 影响 )our drinking water. Noise pollution makes us talk louder and (44) . Air pollution is the most serious kind of pollution. It affects (45) living thing in the world. Cars, planes and factories all pollute our air every day. Many countries are making laws(法律) to stop pollution. Factories, must from now on, clean their water (46) away, they mustn’t sent out dirty smoke into the air. We need to do many other things. We should put waste things in the dustbin(垃圾箱) (47) throwing them on the ground. We can go to work by bus (48) with our friends in the same car. If (49) people driving, there will be (50) pollution.

A. [A]instead
B. instead of
C. besides

根据《利用外资改组国有企业暂行规定》,外国投资者支付转让价款或出资只能以境外汇入的可自由兑换货币,而不可以用在中国境内投资获得的人民币净利润。( )

A. 对
B. 错

诉讼时效消灭的是一种请求权,而不消灭实体权利。它属于国家法律的强制性规定,当事人均不得对其内容作任何修改。( )

A. 对
B. 错

Bringing up children is a hard work,and you are often to blame for any bad behavior of your children.If so,Judith Rich has good news for you.Parents.she argues,have no important long-term effects on the development of the personality of their children. Far more important are their playground friends and neighborhood. Ms. Harris takes to hitting the assumption, which has dominated developmental psychology for almost half a century. Ms. Harris’s attack on the developmentalists’ "nature" argument looks likely to reinforce doubts that the profession was already having. If parents matter, why is it that two adopted children, reared in the same home, are no more similar in personality than two adopted children reared in separate homes Or that a pair of identical twins, reared in the same home, are no more alike than a pair of identical twins reared in different homes Difficult as it is to track the precise effects of parental upbringing, it may be harder to measure the exact influence of the peer group in childhood and adolescence. Ms. Harris points to how children from immigrant homes soon learn not to speak at school in the way their parents speak. But acquiring a language is surely a skill, rather than a characteristic of the sort developmental psychologists hunt for. Certainly it is different from growing tip tensely or relaxed, or from learning to be honest or hard working or generous. Easy though it may be to prove that parents have little impact on those qualities, it will be hard to prove that peers have vastly more. Moreover, mum and dad surely cannot be ditched completely. Young adults may, as Ms. Harris argues, be keen to appear like their peers. But even in those early years, parents have the power to open doors: they may initially choose the peers with whom their young associate, and pick that influential neighborhood. Moreover, most people suspect that they come to resemble their parents more in middle age and that people’s child bearing habits may be formed partly by what their parents did. So the balance of influences is probably complicated, as most parents already suspected without being able to demonstrate it scientifically. Even if it turns out that the genes they pass on and the friends their children play with matter as much as affection, discipline and good example, parents are not completely off the hook. The word "ditched" (Line 1, Par

A. 4) could best be replaced by ______.A. provedB. emphasizedC. comparedD. ignored

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