Nov 18, 2006 21:34
17 yrs ago
1 viewer *
English term

Without being limited by any theoretical explanation

English Law/Patents Law: Patents, Trademarks, Copyright test procedure
"More preferably, the combination of these two polar organic solvents unexpectedly resulted in better dissolution of asphaltenes than either of the two solvents alone in the composition. ***Without being limited by any theoretical explanation***, it is believed that the combination of two different polar organic solvents helps dissolve the asphaltenes."

Can someone paraphrase it please? We don't seem to agree on the exact meaning.

Cheers.

Discussion

Andrea Re (asker) Nov 19, 2006:
Yes Richard, it is a patent.
Richard Benham Nov 19, 2006:
Is this a patent application, or what?

Responses

+3
9 hrs
Selected

vide infra

There is a grammatical mismatch here, of course: "it" is the subject of the main clause, and "it" can't be limited by a theoretical explanation. In fact, "it", as an anticipatory subject, IS the theoretical explanation given later.

However, I think the problem everyone seems to be having here is with the meaning of "limited". I think "limited" here means "limited", in the usual legal sense. The applicant does not want to be limited by the theoretical explanation. That is to say, whoever it is does not want the scope or applicability of the patent to be restricted by the validity or otherwise of the theoretical explanation. So if the theoretical explanation turns out to be wrong, they don't want the patent to be invalidated by this. Similarly, they don't want some smartarse using the same combination of solvents, but with a different theoretical explanation of why it works to get around the patent.

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Note added at 18 hrs (2006-11-19 16:29:45 GMT)
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Hello Andrea. If you put a participial phrase at the beginning of the sentence, it modifies the subject of the sentence. So, for example, "Walking home, I was hit on the head by a coconut." This means that I was walking home when the coconut hit me. If I said "Walking home, a coconut hit me on the head", this is nonsense, because it implies the coconut was walking home. (I got this example from one of my university teachers, who used to teach schoolkids in tropical Africa--hence the reference to cocunuts!)

The same goes if you put "without" in front of the phrase. So "Without limiting myself by any theoretical explanation, I postulate that..." is fine, because I am the one not being limited. Similarly, if I say, "Without being limited by anty theoretical explanation, I postulate that...", that is fine too for the same reason.

If I say, however, "Without being limited by any theoretical explanation, it is believed that....", what does the phrase "Without being limited by" apply to? Logically, it can only apply to "it", which doesn't make any sense.

In answer to your question, the "it" is impersonal, but it is a special type of impersonal "it", namely an anticipatory subject. The "real" subject is the clause. In English, where the subject is a clause, particularly if it is a long clause, we use the dummy subject "it" and defer the actual subject to the end. We could say, quite grammatically, "That the combination of two polar solvents helps dissolve the asphaltenes is believed", but this is a very clumsy sentence and would never be used by a native speaker of English (although the parallel construction is used A LOT in academic German!).

Hope that helps.
Note from asker:
Hi again. I don't quite understand the bit about the mismatch.... I thought that "it is believed" was simply an impersonal form. Is it?
Peer comment(s):

agree Alfredo Tutino : I didn't realize this when answering the question in the EN>IT language pair, but I think you're quite right! // Heck! then I'll loose the points! ;-)))
4 hrs
Thanks. I'll go and look at the EN>IT question.//No need to worry about that! I am not about to venture an answer in Italian!
agree Ken Cox : Hmmm -- I think you're right (and as noted I'm not an expert on patent language, which is a minefield for the unwary), and patent documents are of course drenched with legal language..
6 hrs
Thanks Ken. I think the "minefield" also accounts for why there is so-much of this arse-covering language (as I have postulated it, anyway).
agree Jörgen Slet
12 hrs
Thanks.
neutral ErichEko ⟹⭐ : ...the text talked about "Test Procedure"// At one point, a patent app talks about test proc to support its claim of invention. Then, IMO, that point must be interpretted technically (=in technical/scientific perspective).
19 hrs
Huh? (a) What part of the patent application? (b) Nobody suggested legal implications were being discussed; "without limitation" clauses are put there to cover your arse, not to discuss something. (c) So what if the text is about a test procedure?
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4 KudoZ points awarded for this answer. Comment: "Thank you for your learned explenation!!!"
18 mins

although the results may not be supported by accepted theories

chemistry is not my field so I can't be sure
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22 mins

There is no specific theoretical explanation for this phenomenon

The better dissolution of asphaltenes in two polar organic solvents could not be grounded on any specific chemical theory.
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+1
32 mins

comment

IMHO this is a poor translation, clumsy writing, or someone trying to sound knowledgeable without knowing what they're doing. However, I'm far from being an expert in patent language, so this may well be related to some common form of expression in that area.

Nevertheless, 'it is believed that the combination... asphaltenes' simply restates as a theory what was previously stated as an observed fact ('the combination of these two... in the composition' ). At best it is unfortunate wording, and at worst it is an attempt to dress an observation up as a hypothesis.

That being said, perhaps what the author meant with 'without being limited by any theoretical explanation' is 'although there is no theoretical explanation for this (or we are not aware of any...)' -- but this is an interpretation, and perhaps a rather generous one.
Peer comment(s):

agree Richard Benham : Hello Ken. As usual, a well thought-out contribution, but you seem to have missed the legal use of the term "limit"which may be at work here. See my answer for a rather clumsy explanation.
13 hrs
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4 hrs

without reference to any established theory

The broad conclusion that "the combination of two different polar organic solvents helps dissolve the asphaltness" has yet to be supported by (some) established chemical theories to make it more specific and accurate, e.g., preconditions to make it happen, expected results (say, asphaltness grade and consistency), and so on.

This part of the sentence "unexpectedly resulted in better dissolution" might indicate that it was more pragmatic than theoretical-based experiment. The conclusion was then reached w/o reference to any theory, so no theoretical explanation had yet established limits (= preconditions, expectable results) to it.
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