============================== CFJ 3333 ==============================
Rule 649 contains the phrase "As soon as possible after a patent
title is awarded or revoked".
Called by woggle: 31 May 2013 08:08:58 GMT
Assigned to G.: 09 Jun 2013 18:16:55 GMT
Judged TRUE by G.: 10 Jun 2013 18:04:56 GMT
This proposal only replaces "as soon as possible", but the text is
"As soon as possible" in this sentence. The text "as soon as possible" also
appeared elsewhere in the rule. R217's requirement that capitalization is
"generally inconsequential" suggests that this means that both are replaced,
but arguably this creates an "ambiguity in meaning".
Judge G.'s Arguments:
The Proposal in question is Proposal 7420, and the clause is:
Amend the following rules, in the specified order, by replacing "as
soon as possible" with "in a timely fashion": [...] 649
The phrase in R649 is capitalized while it is not in the proposal.
This puts R105:
Any ambiguity in the specification of a rule change causes that
change to be void and without effect. An inconsequential
variation in the quotation of an existing rule does not
constitute ambiguity for the purposes of this rule, but any
other variation does.
in opposition to R217:
Differences in spelling, grammar, capitalization, whitespace,
dialect, or the use of synonyms or abbreviations, are generally
inconsequential in interpreting rules or communications, as long
they do not create ambiguity in meaning.
Three possible arguments:
1. R105 takes precedence over R217.
2. R217 says only "generally" inconsequential, which is weaker than
R105's specific definition of inconsequential (for which this
variation would be consequential, as it is "any other variation").
3. R217 qualifies itself by saying "as long as they do not create
ambiguity" and R105 deals with the case where there is ambiguity.
Any one of these arguments, or all together, argue for the difference in
capitalization of 'A' as being consequential, therefore it was ambiguous
as to whether the proposal text referred to the capitalized clause,
therefore the rule change was void and without effect and the phrase
remains in the rule. TRUE.