Descartes First Meditation paper and Moore's Certainty paper Essay

Descartes First Meditation paper and Moore's Certainty paper - Essay Example Descartes work was centered on the issues that challenge one’s ability to be certain about something. His path to establish certainty begins a state of doubt. It is this doubt that prompts him to choose to demolish all the knowledge he had in the past (Descartes 87). He will then start afresh through testing the validity of things before being certain of their existence. He searches to establish a foundation of philosophy that cannot be shaken. This is because much of the knowledge he obtained in the past was through senses that at times are deceptive. In this he highlights, it is somehow difficult to distinguish when one is asleep and when awake. He majors on meditation, which is regarded as a philosophical classic. However, he provocatively pursues the issues to do with these important matters. Provocatively, Moore challenges the argument concerning ones inability to know whether he is dreaming. In the logical inversion of Descartes argument, Moore argues that, if one knows not that he is dreaming, one knows not that he standing. Additionally, people is unsure of his standing and realize that he is not hallucinating, (Moore 30). This is logical since one can only dream when asleep. Additionally, one can be dreaming or think he is standing and in actual sense, he is standing. This is the only case where dreaming and thinking to standing and standing at the same time is consistent. Moore’s concern on external world’s existence is evident. Given the reality, it is impractical to prove its existence. According to him, so many oppositions can, be used to prove the existence of the external world. In his illustration to demonstrate the fact about the existence of the world, he uses his hands. For instance, when he holds up his hands, it is certain that he is holding up his hands. The conclusion from the above illustration shows it is true that he has hands. If it has truth in it, more illustrations are also true. About external world issue, similar proofs can be used to tell the existence of it (Kim and Sosa 30). While Descartes says that dreams have taken place, he not sure he is dreaming. This is to mean that he does not know that the dreaming has taken place. In evaluating Descartes ides, â€Å"doubt† and â€Å"thinking† brings inconsistency the ideas. Descartes is unsure of his existence, although he thinks he does. The reason validating his doubt is that he may be dreaming or is being deceived by a demon that he exists. The reason for him to think he exists is th at he is only thinking without any objective proof of his existence. The proof about his existence is only subjective. He is unable to convince others of his existence, (Moore 34). Descartes argument has weaknesses and strengthens. He says that all things he knew as truth in his childhood have been falsehoods. This is a weak argument because; lack of proof cannot guarantee one to assume it is false. He later justifies his attempt to ruin that entire truth he had known over years and started afresh. He wanted something that had a strong foundation that did not rest on mere assumptions and feelings (Descartes 87). This is quite right to be passionate to do away with former opinions unless tested to be true. Additionally, he says not all the ideas and information he has is false. He makes an excuse that, for the opinions that he is not certain with, he will not touch on them. This gives a loophole for doubt and uncertainty. To assess which opinions are not certain would be a tedious jo b; therefore, he will not go through

The European Intermodal Transport Operations Term Paper

The European Intermodal Transport Operations - Term Paper Example There are different types of shipping operations that include longterm charters, spot charters operations, and liner operations. Long term charters operations require that the shipowner knows the type of cargo to handle as well as the port that should be used for that purpose. Spot charter is an operation where an owner of a ship has a general idea of where the ship should be situated but does not have any knowledge about the type of goods to be used for the port. Liner operation states that the owner of a ship should have knowledge of the port or volumes of cargo to be used but the venue of the operation may change from one period to another. The shipping companies may approach the business by taking into account several issues such as the purchasing of vessels that are highly flexible, those that serve several markets and reduce the rate of risk from occurring. In addition, this may prompt an owner of a ship to use expensive open hold bulk carrier that handles containers as well as dry bulk cargo. Other ship owners may prefer to use ships that are designed for specific purposes, therefore more efficient and incur less operating cost during their operations. This system is used to create opportunities for its customers by availing the products to the market at the appropriate time and place. It is an information technology tool that is used for ensuring that there is efficient management and management of intermodal door to door transport operations using scientific tools such as logistic and communication systems appropriate for the organization. It was established so that it could help in the reduction of congestion as it was witnessed in the road network. The businessmen in the shipping industry opted to have the following factors into place so as to carry out their activities profitably.The factors include higher reliability, lower prices, more flexibility and quality service levels for the customers.

Corporate finance Essay Example | Topics and Well Written Essays - 4250 words

Corporate finance - Essay Example This analysis will include; A fundamental analysis and valuation of the British Airways using the free cash flow method. And a recommendation will follow suit. Valuation methods will be attended for the purpose of selecting equities for portfolio investments. Valuation methods though are used for proper valuation however, they do not fit all in one place some methods are used for specific companies, as we have inherent differences within firms, companies, industries, outlets etc. and method falls with each member. Some may take more than one, however, about tour valuation methods are to be used. Dividend capitalization goes in to baring out the real truth of a company, its history and ways of behaviour, e.g. Paying of dividends, expansion plans, paying history of business, operation cushion. It opens the investors eyes to see the risks of investment and take caution. Discussions concerning real option analysis in strategic investment decisions will be adequately attended to stressing and bringing out the use of real option analysis in strategic investment decisions. However in attempt to give a fundamental analysis of the British Airways, the examination of the subject will refer to it’s earnings, each flow, equity value and sales and other accounting statements of the airways will be critically analyzed and discussed. The financial record of the British Airways over the years has been quite interesting because for the past three years, its net profit has been appreciating steadily. Since the year 2003 the British Airways have seconded success at the recorded of every year. Below is a table showing the progress of the British Airways since 2003-2005. It is interesting and important to note the difference in the profit margin this clearly shows and suggests that some new policies or new managerial skills have been employed to rightly enhance such as steady progress without any break for

Schweitzer and his Reverence for Life Philosophy Research Paper

Schweitzer and his Reverence for Life Philosophy - Research Paper Example Albert Schweitzer’s ‘Reverence for Life’ philosophy not only applies to human beings, but states the importance of applying love, compassion, and caring to plants and animals as well. This philosophy can be seen as related to early modern attempts to integrate the teachings of Eastern religions into the Western worldview. In the history of many ethical philosophies around the world, regarding all living things as being sacred and equal to human life is a viewpoint that has been excluded as a social foundation for morality and ethics. Schweitzer accepted the truth to be that all life is sacred and holy, and from this believed we can only inflict death on another living being out of necessity. For most people in the world, love, compassion, and kindness extends to human beings only as a basis for morality, and animals or plants are viewed as subservient life forms whose views are not important to consult in developing society or the progress of evolution. For Albert Schweitzer, the ‘Reverence for Life’ philosophy was seen as a means to reform or change this moral failure in the West based upon the view that all of life is holy and sacred. Schweitzer’s philosophy drew heavily on the principles of Eastern religions, particularly Buddhism, Jainism, and Hinduism.... er, Schweitzer tried to live his views at the highest level and has become a symbol of humanitarianism and altruism in the service of an expanded view of life in the universe and moral awareness. Schweitzer’s ‘Reverence for Life’ philosophy can be seen in many ways as similar to Gandhi’s ‘Satyagraha,’ yet scholars state that the two historical figures never met directly. (Isaacs, 2008) Schweitzer himself writes that the teachings of Buddhism were discovered by him in following the Schopenhauer-Nietzsche lineage, and that Nietzsche’s â€Å"Exaltation for Life† philosophy impressed him along with the moral, Unitarian, and compassionate basis of Eastern religion in building his personal views. (Isaacs, 2008) One aspect that shows Schweitzer’s sincerity in humanitarianism is the fact that he returned to education to study medicine after already being a famous and respected writer on humanitarian philosophy. (Joy, 1950) His choi ce of the medicine profession and example of service in Africa was meant to be a living example of his humanitarian philosophy, and it was, in the highest sense. In contrast to the racism, imperialism, and brutality of some Europeans during the Colonial era, Schweitzer’s path of action can be seen as consistent with Christianity, with Eastern religions, and also with the combined moral essence that is gathered from study of all religions in unity. Schweitzer’s philosophy related to Theosophy, Anthroposophy, Satyagraha and other attempts by modern thinkers, scholars, and leaders in Europe to introduce the profound truths of Eastern religion to the West. Yet, Schweitzer’s focus on the humanitarian aspects of service which overcame the racist and violent aspects of Imperialism through peaceful non-violence and loving kindness cannot

Why Is the Initial Consultation Important Essay Example for Free

Why Is the Initial Consultation Important Essay In this essay I intend to discuss why an initial consultation is so important, before delivering any hypnotherapy to a new client. I also will look at the ethical factors a therapist should cover at the time of the initial consultation. Prior to any course of hypnotherapy with a new client a reputable therapist would want to learn more about the person that has presented before them. This would be done with an initial consultation. It could be said that this initial consultation would be free of charge and last around half an hour. Some however, would say that you are giving half an hour of your time free of charge. Although my thoughts are that it would make clearer sense to not charge as a client would not feel that their time with a therapist was being wasted by a therapist just asking questions. (Although how this was advertised should be looked into very carefully as stated in (module 3 worksheet), the words â€Å"free consultations?† could be open to misinterpretation were the words â€Å"free initial consultation!† is clearer and states exactly what is offered). There are a number of aims of the initial consultation. The most obvious reason for this would be to give the chance to meet a client face to face. Also a therapist would at this time be able to ensure that the client would benefit from hypnotherapy and indeed that hypnotherapy is the right course of action for that individual case. Also this gives the opportunity to gather as much information as possible about the prospective clients and the reason they have decided to undertake hypnotherapy. It is important that the reasons they are there are fully understood for example someone that wishes to stop smoking must have an incentive to why they are seeking hypnotherapy to help them quit. This should be investigated fully! are they there because people are nagging them to stop? Are they there because they themselves have reasons to want to stop? Perhaps they see smoking as unhealthy for them and those around them partner, children etc. The therapist should always dig deeper perhaps find out if there are anytime’s that they smoke more cigarettes. It could be that when that person gets stressed for a particular reason they smo ke more as a  way of dealing with it. This will influence the hypnotic suggestion during the therapy. â€Å"A suggestion is a communication by the hypnotist to the subject and, as with any communication; it is intended to alter the recipient’s feelings, thoughts and behaviour in a specified way.†(Pg 3, Heap Dryden.) During this the therapist can also discover the reason why the client has thought that hypnotherapy will help them. In addition the therapist is also establishing if they themselves have the skills to help the client. A therapist would also have the opportunity during this consultation to gather other information such as medications? Are they on medication if so what and what is it for. Perhaps they suffer from depression! With such a condition it would be prudent if this has not already been sought to gain the permission of their doctor before a course of treatment commences. (This of course depends upon the skills and experience of the therapist. There are some mental illnesses that should not be treated by hypnotherapy such as Bi-polar disorders etc(Heap and Dryden) There are other conditions and illnesses that could also present an issue with using hypnotherapy as a treatment and again would probably need permission from a Dr before any commencement of treatment. Modality an individual’s modality can also be assessed at this time this would help with the selection of an appropriate style of screed for any treatment. There are many other avenues of questioning during this initial consultation. However, I would like us to assume that we have followed all lines of question that we feel appropriate during the initial consultation and all is well and a therapist decides that the client will benefit from hypnotherapy. Let us also assume that the client has presented to us with a very low self esteem issue! For the purpose of this Essay and descriptive demonstration we shall call our client Jane. During the initial consultation it was established that Jane is going for a new job that would mean a promotion and more responsibility and to her surprise she managed to get the job because it is with her existing employer and her immediate boss recommended her for the new post. Jane however feels she is not capable of fulfilling the new role and feels more secure doing what she is doing right now as she knows that job inside out and is good at it. The new job has more responsibility and she would also be in charge of other members of staff. During the consultation it was established that Jane feels that she is not much good at  anything. What Jane has shown a therapist is that she has learnt this behaviour from somewhere? A little bit of digging into her past may establish why Jane feels this way. This sort of feeling is trapped within the subconscious mind and is brought across to her conscious mind. During further questioning it is established that Jane when she was younger was the middle child of three. Her parents would show more attention to the other children and praise them for achievements more than they would Jane. Jane recalls them saying on many occasions that she is useless and should be more like her siblings as she won’t amount to anything!!! This has presented Jane with a negative belief in her subconscious that in turn has made her believe that she is indeed useless. With the prospect of the new job role and promotion she believes she won’t be able to do the new role. Despite her current boss believing she can. Jane’s conscious mind is hearing her boss say you would be ideal for the job therefore we have a conflict. We now thanks to the initial consultation know where we should begin to help Jane with her self-esteem. To work with the positive aspects such as her bosses confidence in her and the fact that she herself admits to being good at her present job. It can be safely assumed that Jane was not born doing that job and indeed had to learn to do it. Also to work at the root or the negative beliefs she has that where placed into her subconscious by her parents during her childhood experiences. None of this could have been achieved if we did not have an initial consultation. Had Jane had just come along to a therapist and said I have low self-esteem. The Therapist says ok â€Å"Now close your eyes† Well nothing would be achieved â€Å"unless a total fluke†. Therefore this demonstrates the importance of the initial consultation. An ethical Therapist during this consultation would also look at other factors while deciding if a course of hypnotherapy will benefit and what course of action to take. A client that presented to you although had unrealistic expectations. This is a client who would otherwise be a good subject for treatment, but has the view that Hypnotherapy is a magic cure all. A patient such as this may seek hypnosis as a form of treatment because he has already tried a series of unsuccessful therapies. He is looking for something quick and easy. Even though hypnosis often works more rapidly than other forms of treatment, it cannot be expected to accomplish the impossible. (pg 280 Hypnosis for change Hadley and Staudacher) To inform a client that  everything is possible when it would not be would be a lie and would shadow doubt on the ethics of a therapist. An example would be a therapist that is presented with a client and the client wants a therapist to get rid of the strong feelings she has for her ex boyfriend and believes that the therapist can make her hate him rather than love him. This would be impossible. Even if during hypnosis the client did hate her ex boyfriend it would not be possible to continue into waking Hypnosis and this is due to a separation between our subconscious and our conscious minds this is known as the CCF (Conscious Critical Faculty) The CCF is a sort of filter. For example I could say that the grass is blue but you actually know it is not blue it is indeed green. That is because your conscious mind has the ability to be critical of suggestion therefore I could say the grass is Blue until I was blue in the face. You however, would know it was Green. Although I could suggest this under hypnosis and you would probably think the grass was blue until you where no longer under hypnosis because you’re conscious mind and the CCF would say once again it is Green. Therefore we could not change or do the impossible and it would be totally un-ethical to even attempt to proclaim to be able to do this just to secure a client. The most important ethical consideration a therapist should bare mind to is to be realistic with the therapists own ability as to take on something that clearly is beyond the therapists skills or remit could lead to MISAPPLICATION That is using the wrong treatment stemming largely from failure to diagnose correctly during the initial consultation. For example, A common request for anyone who employs hypnotic techniques in therapy, is for help of chronic pain, pain suppression or pain management and increased tolerance is readily achieved with a good proportion of people who make such a request. The potential then exists for the sufferer to learn to mask the symptom of the disorder which if progressive or life threatening, may place him or her in danger- at least of not seeking appropriate diagnosis and treatment until the disorder is too advanced to be treated. (pg 187 Heap and Dryden). Therefore if the therapist is using a good ethical practice during the initial consultation He or She will know their limitation and abilities. Other ethical issues that should be adhered to not only at the time of the initial consultation are laid out by the National Hypnotherapy society and to cover some of these in brief. That a therapist should not hold  discrimination towards anyone based upon their Religion, gender, sexuality, politics, disability, age, marital status. It is important that when a client asks a question pertaining to their treatment and their goals that a therapist answers the question as fully and accurately as possible if an answer is not known then to make something up would be a big mistake that could hold serious consequences. Therefore a therapist should endeavour to find an accurate answer. This would not undermine the client’s faith in a therapist if done correctly. For example that is something I would have to investigate further however I should have an answer for you in a day or two perhaps I could call you or we can speak at our next session. No lies have been told and the client is still happy. An Ethical practice puts the clients Welfare at the forefront and offers a service with respect, dignity and understanding. (Code of Ethics the National Hypnotherapy Society). Bibliography. Hypnosis for Change. 3rd edit. Hadley and Staudacher. Hypnotherapy (a handbook) Heap and Dryden. National Hypnotherapy society (code of ethics) British association of counsellors and psychotherapists (code of Ethics)

Environmental And Economic Impacts Of Green Architecture

Environmental And Economic Impacts Of Green Architecture Green buildings, also known as sustainable buildings, are structures that have revolutionized the way we live. These assemblies are designed, built, renovated, operated, or re-used in an ecological and resource efficient manner. Its sustainable development is helping maintain a balance between the human need to improve its lifestyle and feeling of well-being, while preserving natural resources and ecosystems. Green Architecture has the objective of using energy, water and other resources more efficiently and reducing the overall impact to the environment. It protects an occupants health, improves an employees productivity, and offers an optimal environmental and economic performance. Among its many economic benefits, it reduces operating costs, has marketing advantages, increases building valuations, and optimizes life-cycle performance costs. Its health and safety benefits include the enhancement of an occupants comfort and health. Its community benefits help minimize the strain on local infrastructures and improve the quality of life. (Ken 1) Green Architecture can be defined as the restructuring and creation of buildings that are beneficial and have a minimal impact on the environment. They are several approaches to green construction that involve the responsibility of recycling existing resources, along with the efficient use of environmentally friendly systems that will provide power and water services to sustainable buildings. Throughout the past century, more people have become concerned and aware of the proper use of the planets resources. This is why the fundamental concepts and objectives of green architecture have gained both societys interest and acceptance. (Tatum 1) A green architects mission is to design buildings that will provide the necessary functions, without posing a threat to the surrounding environment. This implies the use of building materials that are composed of organic compounds instead of synthetics. Some of these materials include the use of wood, stones, bricks, or other elements that are harvested from older buildings scheduled for demolition. These materials are generally joined with newer technologies creating structures that fit into the surrounding landscape. Some of these newer technologies refer to the instalment of solar panels and modern rainwater collection systems. This will make best use of the available resources for heating, cooling, cooking, and supplying water to the building. (Tatum 1) The quality of air is a crucial factor in any living or working environment, which is why it is easy to exclude pollution as only an outdoor problem. Nevertheless, it can still be quite problematic indoors due to poor ventilation systems that can be potentially hazardous to human health. Conventional building materials and furnishings emit formaldehyde and other toxic chemicals. Paints, solvents and household cleaning products emit volatile organic compounds and other fumes. Stoves and fireplaces emit carbon monoxide and smoke particulates. Most buildings contain natural biological pollutants such as dust mites and moulds. Product manufacturers in the construction and building industry have been able to introduce products that reduce these emissions of formaldehyde, volatile organic compounds and other potentially harmful chemicals. (Grey 1) Fresh air is a critical factor for optimal health. Homes in the colder climates have a closer structure that heats up the air and constantly recirculates the only air that leaks through the envelope providing fresh air. Heat recovery ventilation is a good insurance policy against build-up of indoor air problems without paying an energy penalty for direct fresh air ventilation. It uses stale indoor air while providing fresh air with only a small energy cost. Green buildings reduce IAQ problems by providing good ventilation allowing the natural flow of fresh air through the house. They have exhaust systems for radon gas; avoid wood products that contain formaldehyde, use less or no volatile organic compounds (VOC) interior paints, solvent-free-finishes, and solvent-free construction adhesives. (GreenBuilding 1) Green buildings seek to reduce our dependency on energy sources that come from non-renewable sources. Instead, they pursue to turn that reliance to sourcing energy from renewable sources and change our lifestyle of dependence. Certain programmes such as the Low Carbon Buildings Programme, like to emphasize the importance of householders in meeting several criteria in the property. It states that the entire loft space of the property must be insulated, have cavity wall insulation if the property has cavity walls. There should be basic controls on the home heating system that include a timer and a thermostat; and the installment of low energy light bulbs in all the appropriate light fittings. (Murray- White 1). In countries such as Canada, it is reported that municipal water systems leak up to a quarter of demand during distribution. Even though the infrastructure weakens, the use has increased by 26.7% since the 1980s as reported by the Eco-research team at the University of Victoria. However, there is enough renewable fresh rainwater to satisfy the needs of families with low resources. Rainwater lessens the dependency on municipal services and saves money, making it more than just sustainable. Organizations such as Health Canada have shown concerns regarding the safety and purity of the water source. This is why they have met with the challenge of building a sustainable water use system. Rainwater harvesting consists on collecting, storing and treating rainwater for watering exterior plants, toilet and laundry use, with potential portable use. The degree of treatment varies depending on its final use. (Hugh 1) Gathering water can come from hard surfaces, such as metal roofs, which is simpler than the capturing of water on vegetable roofs. For example, Lawn water can be collected from the surface or below grade using drainage piping which utilizes the earth for filtering. Regarding the maintenance or cleaning of water, other than removing the solids likes leaves; no special cleaning is required when the water is used for landscaping, swimming pools, laundry and toilets. However, ultraviolet is a safety measure used for killing bacteria which relies on the use of electricity. When water is intended for direct contact with humans, such as showers and sinks, additional treatments will always be necessary. (Hugh 1) Green architecture produces less waste by using renewable plant materials such as bamboo due to its rapid growth, lumber from forests certified to be sustainably managed, recycled stones and metals. It also uses other products that are non-toxic, reusable, renewable, and/or recyclable; for example: sheep wool, adobe, baked earth, rammed earth, clay, cork, coconuts, wood fibre plates, flax linen, and others. The Canada Green Building Council suggests the use of recycled industrial goods, such as coal combustion products, foundry sand, and demolition debris in construction projects. For example, the use of polyurethane blocks reduces carbon emissions, provides more speed, cost less and is environmentally friendly. Building materials should be extracted and manufactured locally to the building site in order to minimize energy use through transportation. Building elements should be manufactured off-site and delivered to the building site, to maximise benefits of off-site manufacture incl uding minimizing waste, maximising recycling, high quality elements, better OHS (occupational health and safety) management, less noise and dust. (Environment 1) The most criticized issue about constructing green buildings is the price, claiming it to be too expensive to be considered economically possible. However, studies have shown that the costs of green buildings are not anymore higher than regular development projects. Higher construction costs can generally be avoided by the incorporation of green designs from the outset of the project. Green Value is the net additional value obtainable by a green building in the market. This study shows that green buildings can achieve greater value than their conventional equivalents. However, it was discovered that the green building industry and others may be failing to get the message across that the main beneficiaries are the occupants. For example, a lot of attention has been focused on energy savings making it easy to measure. However, these are usually less than 1% of business operating costs. By comparison, total annual real estate expenses are usually around 10% of such costs while staff cos ts can be high as 85%. This means that the biggest return on investments should arise when green buildings improve business productivity. (Green Value 2) Due to the high increase in fuel costs over recent years, more people are choosing to purchase green homes and business premises. Green homes have more effective insulation, take advantage of the suns solar power, minimise the effects of summer heat, and favour energy efficient appliances and water conservation features. Even though the costs of these items may take time to recoup, there are many available loans, grants and subsides that assist people in helping them go green. Certain known green building practices benefit its customers as well as the environment. They incorporate longer-lasting materials, careful construction assemblies and design features that can reduce maintenance and costs. Strict indoor air quality guidelines ensure a comfortable and healthy living and working environment. The overall result of green building and its economic impact is the enhanced value and better resale across the lifespan of a home and business. (Durham 1) Canada has been recognized as a global leader in the green building industry, with more than 770Â  certified green buildings in use across the entire country. Canadian companies have earned a worldwide reputation for their innovation and excellence in the construction, design and operation of green buildings. Helping the planet recover requires a firm commitment, and Green building will lessen the damage being caused to the environment making the world a healthier place for future generations. The essence and definition of green architecture is to build in a way that minimizes environmental impact and promote a healthier indoor environment for occupants. As energy prices continue to rise and more people become conscious of their personal impact on the environment, green building has become the mainstream of the construction industry. It has become a movement that will affect and influence builders, property owners, and insurers for many years to come. (Canada Mortgage HC. 1)

Intellectual Property Rights

Intellectual Property Rights Intellectual Property Rights Intellectual property can be instrumental to the value of any business. The ability to protect a business or an individuals ideas, inventions and original processes is something that is considered essential to many establishments, particularly those that rely on innovative ideas and products as their unique selling point. Intellectual property rights span a wide range of situations and products, although the most common rights are designs, copyright, patents and trade marks. Each of these intellectual property rights aims to protect a different area of invention. Copyright protects works such as art or music; design protects the physical appearance of a product; trade marks protect the way in which a trader separates himself from his competitors; and patents protect the method by which a product is technically made up and functions. This latter category of intellectual property right can cause considerable difficulty to those applying for protection and those attempting to enforce existing rights. Technology and the associated functions are changing constantly and often being tweaked or altered to meet a new requirement. At what point does this become patentable and distinct from the original technology? This requirement to be innovative in some way is the subject of much debate. Determining when that extra step results in a new protectable technological item is the key to ensuring that the correct items are offered protection. Courts have grappled with the relevant issues in determining whether or not a patent should be protected and when an attack on validity should be successful. Throughout the years, various tests have been forwarded by the courts; however, consistency in relation to obviousness and the concept of novelty and invention have proved particularly troublesome and are often hotly debated in court proceedings. Elements of Patent Law Before determining the way in which the courts deal with the issues surrounding obviousness and novelty, it is first important to gain an understanding of what must be established in order to establish a valid patent, successfully. The basic definition of what is patentable is contained in Section 1(1) of the Patent Act 1977 (the Act). This Act states that in order to be patentable the invention must be new, must involve an inventive step and be capable of industrial application. The Act then goes on to consider each of these requirements, in more detail. Section 2 deals with the requirement that the invention is new. This requirement is commonly referred to as the novelty requirement. Section 2(1) states that for an invention to be novel or new it must not form part of the state of the art. Section 2(2) goes on to consider what state of the art actually encompasses. It defines state of the art as any matter (i.e. product, process, etc. ) that has previously been made available to the public by either a written or oral description. Simply put, if the invention has already been made available to the public, it is not going to be eligible for patent protection. When determining whether or not an invention is new or novel, the issue of whether or not it has been made available to the public will become central. The invention, in order to be considered in the public domain, must have been disclosed to at least one member of the public, who could if he wished use the information freely and the disclosure had to be sufficiently enabling. Sufficiently enabling means that the information contained must be such that someone who has a reasonable level of skill in the area to which the invention relates would be able to implement and make use of the disclosure. The disclosure must be in relation to one document (or one document with several others interlinked) and cannot simply be disclosure obtained from a mosaic of documents. There are exceptions to this rule in relation to disclosure that allow a patent still to be established where the disclosure has been made within six months of the patent application and has been done in confidence. Pulling these factors together, it is clear that the need for novelty insists on the patent being completely new and innovative. Although, based on the mosaic rule, the collection of previous documents and information to create a new invention will not be barred from receiving patent protection. The Issue of Novelty From looking at the above breakdown of what an individual has to prove in order to establish a valid patent, it is clear to see that the issue of novelty is central to most patent decisions. The Section 2 requirement for novelty contained in the Act is a corresponding provision of Articles 54 and 55 of the European Patents Convention (1973) (EPC). As a general rule, an invention is not novel if the amalgamation of features has already been anticipated in a previous disclosure. This point was considered in detail in the case of SmithKline Beecham Plcs Patent [2006] RPC 10. In this case, it was held that for there to have been that degree of anticipation, there must firstly have been a disclosure and there must secondly have been the element of enablement. That is, based on the disclosure, the suitably skilled individual receiving the details of the process would have been able to replicate the process disclosed. Pulling together both of these elements will allow the court to decide whether or not the patent before them is novel or not. Let us first consider the element of disclosure. When it comes to determining whether or not the specific invention has been previously disclosed, the question is not whether the prior disclosure was for an item of similar utility, i.e. it does not necessarily have to solve exactly the same problem as the current invention. In deciding this matter, courts have stated that in order to be a conflicting patent, the situation previously disclosed must be so close to the new invention that the utility gained by the new invention would be a practical certainty. This suggests that in order to establish a valid objection to a patent application on the basis of a prior disclosure, it would have to be shown that the prior invention was inextricably linked in terms of function to the new invention. Therefore, even if something similar has been previously disclosed, provided it is not close with the degree of inevitability that is required, the patent application will not necessarily fail on the basis of not being novel. A general disclosure of a possible process does not impact on the novelty of an invention; however, where there is a series of processes, each individual process could be the reason for a future patent application failing, due to lack of novelty. Secondly, there is the element of enablement. This means that whatever has been disclosed must be sufficient for a person, skilled in the relevant art, to copy or replicate the process or invention. This enablement provision should be thought of separately to the disclosure, as in the case of disclosure the information must be sufficient for a skilled individual to understand the disclosure. For the purpose of enablement, the skilled person must be capable of actually utilising or at least trying to utilise the relevant invention. When it comes to determining whether or not the invention is novel, therefore, several issues need to be considered. It is not simply a matter of determining if something similar has ever been made public. It must have been made public with sufficient clarity as to allow the invention to have been understood and put into effect by another third party. The patent, therefore, in order to gain protection, must offer a solution to a situation that has not been possible to achieve before and not simply a fanciful possibility of a solution given enough further experimentation. As stated in the case of General Tire Rubber Co. v Firestone Tyre Rubber Co. Ltd, the disclosure must contain clear and unmistakable directions to do what the patentee claims to have invented. Pharmaceutical Application The pharmaceutical industry as a whole has been one of the most litigated and dynamic areas in relation to the test of novelty. The recent case of Actavis UK Limited v Merck Co. Inc changed the way in which UK courts look at the test of novelty in relation to medical products. Prior to the Actavis case, it was thought that a new dosage or way of taking a particular drug could not be seen as novel; this has now been reversed by the Court of Appeal. In this case, it was held that a new regime for taking medicine could constitute a novel invention for the purpose of obtaining a valid patent. Furthermore, the court dealt with the issue of obviousness, stating that it had to be obvious at the date of priority, not before or after, to defeat the patent, on this basis. The leading case of Merrell Dow v. Norton and Penn, commonly referred to as the Terfenadine decision, held that when looking at a pharmaceutical process the definition of new had to be applied to the actual processes and not to a new result or outcome. In this case, it was held that although Merrell had discovered a new reaction from Terfenadine, it was not novel as the composition had previously been disclosed to the public (albeit not for that specific purpose). This produces an interesting position. Based on this judgment, it would seem that whether or not the process or invention produces a solution for a previously unsolvable issue is irrelevant; the issue is whether the actual matter itself has been disclosed. The focus of the test is on the physical items and not on the resulting outcome. Bearing this decision in mind and the way in which the courts have chosen to deal with pharmaceutical claims, it would seem impossible to conclude that the issue of patentability is based purely on finding a solution for a technical problem that could not be solved before. Obviousness This leads us on to consider how important the actual resulting process or invention is to the determination of whether or not it is patentable. Aside from the requirement of novelty, the process or invention must involve and innovative step. This has been interpreted to mean that the invention would not be obvious to someone skilled in the art when presented with the relevant matter. One of the ways in which this test has been interpreted is to consider whether or not it fills a gap in the market, thus becoming an immediate business success. If this is the case, it is more likely that the invention would be seen as non-obvious and, therefore, patentable. The requirement for this inventive step is contained in Section 3 of the Act. Deciding on what exactly is obvious and what is not has been a matter for the courts. In the case of Windsurfing International Inc. v Tabur Marine (Great Britain) Ltd, the main test for obviousness was laid down and remains the starting point for judges when deciding whether or not the invention is obvious. It was held that the court should take a four stage approach. Firstly, it should look at the inventive step itself in isolation, i.e. separating it from any supplementary aspects of the invention. Secondly, once the court is clear what the inventive step in question actually is, it should put itself in the position of the common person, skilled in the relevant art with the knowledge that was available at the date of priority. Thirdly, the court needs to consider the difference between what is known by the common man and what the invention professes to display. Finally, the court needs to determine whethe r the step between what is known and the invention would have been obvious to the common man. For example, in the case of Sabaf SpA v. MFI Furniture Centres Limited and others, the House of Lords considered the issue of whether the gas burner in question was obvious. In this case, the argument that Sabaf was presenting to the court was that its patent for a gas burner had been infringed. The respondents (MFI and others) claimed that they were using a new invention as it was, in fact, the combination of two inventions that had generated their specific gas burner. The crucial point here was that it was not possible to take two existing inventions and put them together to establish a new invention, where this new invention would be the obvious product of the two original inventions. The test for being obvious seems to be reasonably wide with the court requiring a definite inventive step and not simply a natural progression, even if the natural progression is novel. Conclusions The area of patent law and, in particular, determining whether or not an invention is novel and / or obvious is by no means clear. The courts take a very individual approach to each case as it is presented to them based on the individual facts. Despite this, it seems that both elements, i.e. novelty and obviousness, remain instrumental. It is not true to say that provided an invention is novel it does not matter whether or not it is obvious. The courts have widened their view of obviousness but not so far as to remove it entirely. Therefore, if the patent in front of the court fails the test of obviousness and a person skilled in that specific area could have also established the invention it would fail, regardless of how novel the invention turns out to be. 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