2010年全国硕士研究生入学统一考试英语试题
Now the nation's top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago. In a move that has intellectual-property lawyers abuzz the U.S. court of Appeals for the federal circuit said it would use a particular case to conduct a broad review of business-method patents. In re Bilski, as the case is known , is \very big deal\says Dennis D. Crouch of the University of Missouri School of law. It \the potential to eliminate an entire class of patents.\
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 rights 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 beat 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.
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 whether it should \
The Federal Circuit's action comes in the wake of a series of recent decisions by the supreme Court 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 \that are obvious. The judges on the Federal circuit are \to the anti-patent trend at the Supreme Court\says Harold C. Wegner, a patent attorney and professor at George Washington University Law School.
26. Business-method patents have recently aroused concern because of [A] their limited value to business [B] their connection with asset allocation [C] the possible restriction on their granting [D] the controversy over authorization
27. Which of the following is true of the Bilski case? [A] Its ruling complies with the court decisions [B] It involves a very big business transaction [C] It has been dismissed by the Federal Circuit [D] It may change the legal practices in the U.S.
28. The word \[A] loss of good will [B] increase of hostility [C] change of attitude [D] enhancement of dignity
29. We learn from the last two paragraphs that business-method patents [A] are immune to legal challenges
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2010年全国硕士研究生入学统一考试英语试题
[B] are often unnecessarily issued [C] lower the esteem for patent holders [D] increase the incidence of risks
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 Text 3
In his book The Tipping Point, Malcolm Gladwell argues that social epidemics are driven in large part by the acting of a tiny minority of special individuals, often called influentials, who are unusually informed, persuasive, or well-connected. The idea is intuitively compelling, but it doesn't explain how ideas actually spread.
The supposed importance of influentials derives from a plausible sounding but largely untested theory called the \and from them to everyone else. Marketers have embraced the two-step flow because it suggests that if they can just find and influence the influentials, those selected people will do most of the work for them. The theory also seems to explain the sudden and unexpected popularity of certain looks, brands, or neighborhoods. In many such cases, a cursory search for causes finds that some small group of people was wearing, promoting, or developing whatever it is before anyone else paid attention. Anecdotal evidence of this kind fits nicely with the idea that only certain special people can drive trends
In their recent work, however, some researchers have come up with the finding that influentials have far less impact on social epidemics than is generally supposed. In fact, they don't seem to be required of all.
The researchers' argument stems from a simple observing about social influence, with the exception of a few celebrities like Oprah Winfrey—whose outsize presence is primarily a function of media, not interpersonal, influence—even the most influential members of a population simply don't interact with that many others. Yet it is precisely these non-celebrity influentials who, according to the two-step-flow theory, are supposed to drive social epidemics by influencing their friends and colleagues directly. For a social epidemic to occur, however, each person so affected, must then influence his or her own acquaintances, who must in turn influence theirs, and so on; and just how many others pay attention to each of these people has little to do with the initial influential. If people in the network just two degrees removed from the initial influential prove resistant, for example from the initial influential prove resistant, for example the cascade of change won't propagate very far or affect many people.
Building on the basic truth about interpersonal influence, the researchers studied the dynamics of populations manipulating a number of variables relating of populations, manipulating a number of variables relating to people's ability to influence others and their tendency to be influenced. Our work shows that the principal requirement for what we call \– the widespread propagation of influence through networks – is the presence not of a few influentials but, rather, of a critical mass of easily influenced people, each of whom adopts, say, a look or a brand after being exposed to a single adopting neighbor. Regardless of how influential an individual is locally, he or she can exert global influence only if this critical mass is available to propagate a chain reaction.
31. By citing the book The Tipping Point, the author intends to
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2010年全国硕士研究生入学统一考试英语试题
[A] analyze the consequences of social epidemics [B] discuss influentials' function in spreading ideas [C] exemplify people's intuitive response to social epidemics [D] describe the essential characteristics of influentials. 32. The author suggests that the \[A] serves as a solution to marketing problems [B] has helped explain certain prevalent trends [C] has won support from influentials [D] requires solid evidence for its validity
33. What the researchers have observed recently shows that [A] the power of influence goes with social interactions [B] interpersonal links can be enhanced through the media [C] influentials have more channels to reach the public [D] most celebrities enjoy wide media attention
34. The underlined phrase \[A] stay outside the network of social influence [B] have little contact with the source of influence [C] are influenced and then influence others [D] are influenced by the initial influential
35. what is the essential element in the dynamics of social influence? [A] The eagerness to be accepted [B] The impulse to influence others [C] The readiness to be influenced [D] The inclination to rely on others Text 4
Bankers have been blaming themselves for their troubles in public. Behind the scenes, they have been taking aim at someone else: the accounting standard-setters. Their rules, moan the banks, have forced them to report enormous losses, and it's just not fair. These rules say they must value some assets at the price a third party would pay, not the price managers and regulators would like them to fetch. Unfortunately, banks' lobbying now seems to be working. The details may be unknowable, but the independence of standard-setters, essential to the proper functioning of capital markets, is being compromised. And, unless banks carry toxic assets at prices that attract buyers, reviving the banking system will be difficult.
After a bruising encounter with Congress, America's Financial Accounting Standards Board (FASB) rushed through rule changes. These gave banks more freedom to use models to value illiquid assets and more flexibility in recognizing losses on long-term assets in their income statement. Bob Herz, the FASB's chairman, cried out against those who \our motives.\Yet bank shares rose and the changes enhance what one lobby group politely calls \
European ministers instantly demanded that the International Accounting Standards Board (IASB)
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2010年全国硕士研究生入学统一考试英语试题
do likewise. The IASB says it does not want to act without overall planning, but the pressure to fold when it completes it reconstruction of rules later this year is strong. Charlie McCreevy, a European commissioner, warned the IASB that it did \Europe could yet develop different rules.
It was banks that were on the wrong planet, with accounts that vastly overvalued assets. Today they argue that market prices overstate losses, because they largely reflect the temporary illiquidity of markets, not the likely extent of bad debts. The truth will not be known for years. But bank's shares trade below their book value, suggesting that investors are skeptical. And dead markets partly reflect the paralysis of banks which will not sell assets for fear of booking losses, yet are reluctant to buy all those supposed bargains.
To get the system working again, losses must be recognized and dealt with. America's new plan to buy up toxic assets will not work unless banks mark assets to levels which buyers find attractive. Successful markets require independent and even combative standard-setters. The FASB and IASB have been exactly that, cleaning up rules on stock options and pensions, for example, against hostility from special interests. But by giving in to critics now they are inviting pressure to make more concessions.
36. Bankers complained that they were forced to [A] follow unfavorable asset evaluation rules [B] collect payments from third parties [C] cooperate with the price managers [D] reevaluate some of their assets.
37. According to the author , the rule changes of the FASB may result in [A] the diminishing role of management [B] the revival of the banking system [C] the banks' long-term asset losses [D] the weakening of its independence
38. According to Paragraph 4, McCreevy objects to the IASB's attempt to [A] keep away from political influences. [B] evade the pressure from their peers. [C] act on their own in rule-setting. [D] take gradual measures in reform.
39. The author thinks the banks were \[A] misinterpreted market price indicators [B] exaggerated the real value of their assets [C] neglected the likely existence of bad debts. [D] denied booking losses in their sale of assets.
40. The author's attitude towards standard-setters is one of [A] satisfaction. [B] skepticism. [C] objectiveness
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[D] sympathy Part B Directions:
For Questions 41-45, choose the most suitable paragraphs from the list A-G and fill them into the numbered boxes to form a coherent text. Paragraph E has been correctly placed. There is one paragraph which does not fit in with the text. Mark your answers on ANSWER SHEET1. (10 points)
[A] The first and more important is the consumer's growing preference for eating out; the consumption of food and drink in places other than homes has risen from about 32 percent of total consumption in 1995 to 35 percent in 2000 and is expected to approach 38 percent by 2005. This development is boosting wholesale demand from the food service segment by 4 to 5 percent a year across Europe, compared with growth in retail demand of 1 to 2 percent. Meanwhile, as the recession is looming large, people are getting anxious. They tend to keep a tighter hold on their purse and consider eating at home a realistic alternative.
[B] Retail sales of food and drink in Europe's largest markets are at a standstill, leaving European grocery retailers hungry for opportunities to grow. Most leading retailers have already tried e-commerce, with limited success, and expansion abroad. But almost all have ignored the big, profitable opportunity in their own backyard: the wholesale food and drink trade, which appears to be just the kind of market retailers need.
[C] Will such variations bring about a change in the overall structure of the food and drink market? Definitely not. The functioning of the market is based on flexible trends dominated by potential buyers. In other words, it is up to the buyer, rather than the seller, to decide what to buy .At any rate, this change will ultimately be acclaimed by an ever-growing number of both domestic and international consumers, regardless of how long the current consumer pattern will take hold.
[D] All in all, this clearly seems to be a market in which big retailers could profitably apply their scale, existing infrastructure and proven skills in the management of product ranges, logistics, and marketing intelligence. Retailers that master the intricacies of wholesaling in Europe may well expect to rake in substantial profits thereby. At least, that is how it looks as a whole. Closer inspection reveals important differences among the biggest national markets, especially in their customer segments and wholesale structures, as well as the competitive dynamics of individual food and drink categories. Big retailers must understand these differences before they can identify the segments of European wholesaling in which their particular abilities might unseat smaller but entrenched competitors. New skills and unfamiliar business models are needed too.
[E] Despite variations in detail, wholesale markets in the countries that have been closely examined—France, Germany, Italy, and Spain—are made out of the same building blocks. Demand comes mainly from two sources: independent mom-and-pop grocery stores which, unlike large retail chains, are two small to buy straight from producers, and food service operators that cater to consumers when they don't eat at home. Such food service operators range from snack machines to large institutional catering ventures, but most of these businesses are known in the trade as \cafes. Overall, Europe's wholesale market for food and drink is growing at the same sluggish pace as the retail market, but the figures, when added together, mask two opposing trends.
[F] For example, wholesale food and drink sales come to $268 billion in France, Germany, Italy, Spain, and the United Kingdom in 2000—more than 40 percent of retail sales. Moreover, average overall margins are higher in wholesale than in retail; wholesale demand from the food service sector is growing quickly as more Europeans eat out more often; and changes in the competitive dynamics of this
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