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2010年考研英语阅读真题答案与详解

2010-12-29

Curbs on business-method claims would be a dramatic about-face, because it was the federal circuit itself that introduced such patents with is 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 pinhts to specific types of online transactions. Later, move established companies raced to add such patents to their files, if only as a defensive move against rivals that might bent 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 films armed themselves with patents for financial products, even as they took positions in court cases opposing the practice。

28. The word “about-face” (Line 1,Para 3) most probably means

[A] loss of good will

[B] increase of hostility

[C] change of attitude

[D] enhancement of disnity

本题是词汇题,一定要返回原文通过上下文解题。Because 之前是说对business-method 的约束(curbs),而because之后说的是“正是联邦审判引入了business-method”,所以二者之间自然表明了是“态度的转变”。所以选[C]

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 weather it should “reconsider” its state street Bank ruling。

本段第一句话没有看懂,直接跳过。第二句讲“联邦审判要求这个案子要12个法官审,而不是普通的3人小组,并且要求判断是否要重新考虑之前的Bank ruling” 由本句可以排除29 [A]

The Federal Circuit’s action comes in the wake of a series of recent decisions by the supreme Count 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 Harole C.wegner, a partend attorney and professor at aeorge Washington University Law School。

in the wake of= after 。第一句:最高法院已经减少了对专利持有者的保护(protection)。而29[C] 减少了对专利持有者的尊重(esteem)。其中esteem是对protection的偷梁换柱。第二句:举例子。法官发出信号: too many (过多的专利被授予了),表明法院认为很多business-method 不应该被授予,所以选[B] too many =often unnecessarily. [D]无中生有。

29. We learn from the last two paragraphs that business-method patents

[A] are immune to legal challenges

[B] are often unnecessarily issued

[C] lower the esteem for patent holders

[D] increase the incidence of risks

见上文的解析。本题[A] [B] 两项相反必去其一。

30. Which of the following would be the subject of the text?

[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

选择 [A] 。首先排除[B],与原文相反。[C]大帽子。[A] [D]的选择有一定难度。用串线法解题。第一段讲过去business method很容易被授予专利。其中第一段的最后一句话已经暗含着对这种做法的反对。第二段转折:将会用一个案例来全面审查商业方法专利。第三段:对business method的约束(curbs)是法院态度的巨大转变。最后一段明确提出reacting to the anti-patent trend at the supreme court 。要注意的是原文始终没有说Bilski case的判决,因此只是一个looming (隐约地出现)的danger ,而不是已经盛行的趋势。