alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015389EN.01005301.xml

| 23.11.2015 | EN | Official Journal of the European Union | C 389/53 |
| --- | --- | --- | --- |

23.11.2015

EN

Official Journal of the European Union

C 389/53

---

Judgment of the General Court of 25 September 2015 — BSH v OHIM (PerfectRoast)

(Case T-591/14) (1)

1

((Community mark - Application for Community word mark PerfectRoast - Refusal of registration - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))

(2015/C 389/59)

Language of the case: German

Parties

Parties

Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)

Defendant:

Re:

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 16 June 2014 (Case R 359/2014-5), concerning an application for registration of the word sign PerfectRoast.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 June 2014 (Case R 359/2014-5) in so far as it dismissed the appeal against the examiner’s decision to reject the application for registration of the Community trade mark PerfectRoast for ‘water heaters’, ‘immersion heaters’ and ‘egg-cookers’. |
| --- | --- |

1.

Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 June 2014 (Case R 359/2014-5) in so far as it dismissed the appeal against the examiner’s decision to reject the application for registration of the Community trade mark PerfectRoast for ‘water heaters’, ‘immersion heaters’ and ‘egg-cookers’.

| 2. | Dismisses the remainder of the action; |
| --- | --- |

2.

Dismisses the remainder of the action;

| 3. | Orders each party to bear its own costs. |
| --- | --- |

3.

Orders each party to bear its own costs.

---

(1)  OJ C 351, 6.10.2014.

1

---
Exhibit 23

                         Independent Auditor's Consent

The Board of Directors
Anaren Microwave, Inc.:

We consent to  incorporation  by reference in the  Registration  Statements (No.
33-36761, No. 333-03193,  No. 333-70397,  No. 333-70427,  No. 333-50390, and No.
333-50392) on Form S-8 and  Registration  Statement (No.  333-70422) on Form S-3
Anaren  Microwave,  Inc.  of our report  dated  August 5, 2002,  relating to the
consolidated  balance sheets of Anaren  Microwave,  Inc. and  subsidiaries as of
June 30, 2002 and June 30,  2001,  and the related  consolidated  statements  of
income,  stockholders' equity and comprehensive  income, and cash flows for each
of the years in the three-year  period ended June 30, 2002, which report appears
in the June 30, 2002 annual report on Form 10-K of Anaren Microwave, Inc.

Syracuse, New York
August 5, 2002
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNAUDITED 
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS AS OF AND FOR THE QUARTER ENDED 
JUNE 29, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FORM 10-Q 
FOR THE QUARTER ENDED JUNE 29, 1997.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-28-1997
<PERIOD-START>                             DEC-30-1996
<PERIOD-END>                               JUN-29-1997
<CASH>                                          11,867
<SECURITIES>                                         0
<RECEIVABLES>                                    4,542
<ALLOWANCES>                                         0
<INVENTORY>                                      4,310
<CURRENT-ASSETS>                                23,715
<PP&E>                                         254,594
<DEPRECIATION>                                 (65,925)
<TOTAL-ASSETS>                                 277,388
<CURRENT-LIABILITIES>                          117,152
<BONDS>                                        164,249
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                      (8,912)
<TOTAL-LIABILITY-AND-EQUITY>                   277,388
<SALES>                                        238,081
<TOTAL-REVENUES>                               238,081
<CGS>                                           63,131
<TOTAL-COSTS>                                  243,068
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,962
<INCOME-PRETAX>                                (13,949)
<INCOME-TAX>                                       352
<INCOME-CONTINUING>                            (14,301)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (14,301)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
§ 529.778 Doxycycline. ( a ) *Specifications.* Doxycycline hyclate solution contains 8.5 percent doxycycline activity. A syringe of N-methyl-2-pyrrolidone and poly (DL-lactide) mixed with a syringe of doxycycline produces 0.5 milliliter of solution.
( b ) *Sponsor.* See 054771 in § 510.600(c) of this chapter.
( c ) *Conditions of use in dogs* — ( 1 ) *Amount.* Apply subgingivally to periodontal pocket(s) of affected teeth.
( 2 ) *Indications for use.* For treatment and control of periodontal disease.
( 3 ) *Limitations.* Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[79 FR 10973, Feb. 27, 2014]
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                                     <C>
<PERIOD-TYPE>                                    6-MOS
<FISCAL-YEAR-END>                          APR-30-1999
<PERIOD-END>                               OCT-31-1998
<CASH>                                         300,782
<SECURITIES>                                         0
<RECEIVABLES>                                  606,739
<ALLOWANCES>                                         0
<INVENTORY>                                     37,576
<CURRENT-ASSETS>                               945,097
<PP&E>                                       6,886,744
<DEPRECIATION>                             (1,264,806)
<TOTAL-ASSETS>                               6,898,077
<CURRENT-LIABILITIES>                        1,616,143
<BONDS>                                      3,647,766
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    25,533,539
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 6,898,077
<SALES>                                              0
<TOTAL-REVENUES>                             1,140,028
<CGS>                                                0
<TOTAL-COSTS>                                  627,921
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             193,304
<INCOME-PRETAX>                            (1,269,541)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,269,541)
<EPS-PRIMARY>                                    (.27)
<EPS-DILUTED>                                    (.27)
        

</TABLE>
<PAGE>   1
EXHIBIT 23.1


                         CONSENT OF INDEPENDENT AUDITORS

   We consent to the incorporation by reference in the Registration Statement on
Form S-8 pertaining to the 1992 Stock Incentive Plan, as amended, and the
Amended and Restated Directors Stock Option Plan of Redhook Ale Brewery,
Incorporated of our report dated January 21,1998 with respect to the financial
statements of Redhook Ale Brewery, Incorporated included in the Annual Report
(Form 10-K) for the year ended December 31, 1997.


                                                      ERNST & YOUNG LLP

Seattle, Washington
March 25, 1998
§ 522.161 Betamethasone. ( a ) *Specifications.* Each milliliter of suspension contains: ( 1 ) Betamethasone acetate equivalent to 10.8 milligrams (mg) betamethasone and betamethasone disodium phosphate equivalent to 3 mg of betamethasone.
( 2 ) Betamethasone dipropionate equivalent to 5 mg betamethasone and betamethasone sodium phosphate equivalent to 2 mg of betamethasone.
( b ) *Sponsor.* See sponsor numbers in § 510.600(c) of this chapter: ( 1 ) No. 000061 for product described in paragraph (a)(1) of this section for use as in paragraphs (c)(1), (c)(2)(i), (c)(2)(ii)(A), and (c)(2)(iii) of this section.
( 2 ) No. 000061 for product described in paragraph (a)(2) of this section for use as in paragraphs (c)(1), (c)(2)(i), (c)(2)(ii)(B), and (c)(2)(iii) of this section.
( c ) *Conditions of use* — ( 1 ) *Dogs* — ( i ) *Amount.* Administer by intramuscular injection 0.25 to 0.5 milliliter (mL) per 20 pounds of body weight, depending on the severity of the condition. Frequency of dosage depends on recurrence of pruritic symptoms. Dosage may be repeated every 3 weeks or when symptoms recur, not to exceed a total of four injections.
( ii ) *Indications for use.* As an aid in the control of pruritus associated with dermatoses.
( iii ) *Limitations.* Federal law restricts this drug to use by or on the order of a licensed veterinarian.
( 2 ) *Horses* — ( i ) *Amount.* Administer 2.5 to 5 mL by intra-articular injection.
( ii ) *Indications for use.* ( A ) For the treatment of various inflammatory joint conditions; for example, acute and traumatic lameness involving the carpel and fetlock joints.
( B ) As an aid in the control of inflammation associated with various arthropathies.
( iii ) *Limitations.* Do not use in horses intended for human consumption. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[79 FR 16184, Mar. 25, 2014]
---

Exhibit 32.2

CERTIFICATION PURSUANT TO 
  18 U.S.C. SECTION 1350 
  AS
ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Smart-tek Solutions,
Inc., (the "Company") on Form 10K for the year ending June 30, 2010 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Brian Bonar, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of
2002, that to the best of the undersigneds knowledge and belief:

(1) The Report fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934; and

(2) The information contained in
the Report fairly presents, in all material respects, the financial condition
and result of operations of the Company.

/s/ Brian BonarBrian Bonar Chief Financial
Officer

October 15, 2010

---
§ 556.52 Apramycin. ( a ) *Acceptable daily intake (ADI).* The ADI for total residue of apramycin is 25 μg/kg of body weight per day.
( b ) *Tolerances.* The tolerance for apramycin (marker residue) is: ( 1 ) *Swine.* Kidney (target tissue): 0.1 ppm.
( 2 ) [Reserved]
( c ) *Related conditions of use.* See §§ 520.110 and 558.59 of this chapter.
§ 357.101 Scope. ( a ) An over-the-counter anthelmintic drug product in a form suitable for oral administration is generally recognized as safe and effective and is not misbranded if it meets each condition in this subpart and each general condition established in § 330.1.
( b ) References in this subpart to regulatory sections of the Code of Federal Regulations are to chapter I of title 21 unless otherwise noted.
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMO POWER
CORPORATION REPORT ON FORM 10-Q FOR THE QUARTER ENDED JANUARY 2, 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>   1,000
       
<S>                     <C>
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                OCT-02-1999
<PERIOD-END>                     JAN-02-1999
<CASH>                                30,029
<SECURITIES>                               0
<RECEIVABLES>                         77,479
<ALLOWANCES>                           9,595
<INVENTORY>                           37,205
<CURRENT-ASSETS>                     160,286
<PP&E>                                35,775
<DEPRECIATION>                        10,609
<TOTAL-ASSETS>                       355,712
<CURRENT-LIABILITIES>                124,539
<BONDS>                                  439
<PREFERRED-MANDATORY>                      0
<PREFERRED>                                0
<COMMON>                               1,249
<OTHER-SE>                            68,562
<TOTAL-LIABILITY-AND-EQUITY>         355,712
<SALES>                               76,261
<TOTAL-REVENUES>                      76,261
<CGS>                                 55,071
<TOTAL-COSTS>                         55,071
<OTHER-EXPENSES>                       1,781
<LOSS-PROVISION>                         152
<INTEREST-EXPENSE>                     2,303
<INCOME-PRETAX>                        2,029
<INCOME-TAX>                             979
<INCOME-CONTINUING>                      972
<DISCONTINUED>                             0
<EXTRAORDINARY>                            0
<CHANGES>                                  0
<NET-INCOME>                             972
<EPS-PRIMARY>                           0.08
<EPS-DILUTED>                           0.08
        

</TABLE>
EXHIBIT 32

ORTHOMETRIX, INC.FORM 10-KSB DECEMBER 31, 2006

CERTIFICATION PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Orthometrix, Inc., (the ‘‘Company’’), on Form 10-KSB for the annual period ended December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), the undersigned, in the capacities and on the date indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge: (1) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities and Exchange Act of 1934; and (2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

|                         |  |  |                                           |
|-------------------------|--|--|-------------------------------------------|
| Date: June 4, 2007 |  |  | /s/ Reynald G. Bonmati                    |
|                    |  |  | Reynald G. BonmatiChief Executive Officer |
| Date: June 4, 2007 |  |  | /s/ Neil H. Koenig                        |
|                    |  |  | Neil H. KoenigChief Financial Officer     |
|                         |

----
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Marcus Lee Jefferson v. The State of Texas

Appellate case number s : 01

- 1 2

- 01075

- CR & 01

- 12

- 1076

- CR

Trial court case numbe rs: 1321017 & 1359031

Trial court: 180th District Court of Harris County, Texas

The trial court appointed Craig Still, a Harris County assistant public defender, as
Jefferson’s trial counsel. The trial court later granted Still’s motion to withdraw as Jefferson’s

counsel due to a conflict of interest associated with an investigator employed by the public
defender’s office

. The trial court has appointed A ngela Cameron, a Harris County Assistant

Public D efender, to represent Jeffer son on appeal. The trial court did not make findings of fact

and conclusions of law in connection with its decision

. Given the conflict of interest set forth in earlier proceedings in this case, we abate this appeal and remand the case to the trial court to determine whether a conflict of interest between appellant’s counsel on appeal and appellant

exists. If so , the trial court should permit appellant’s counsel to withdraw and appoint new appellate counsel. If no conflict exists, the trial court should so find. The trial court is ordered to

submit findings of fact, together with appropriate orders, no later than 30 days from the date of

this order.

The appeal is abated, treated as a closed case, and removed from this Court’s active docket. The appeal will be reinstated on this Court’s active docket when the trial court’s findings and any associated orders are filed with the Harris County District Clerk’s Office and included in a supplemental clerk’s record filed with the Clerk of this Court.

The Clerk of this Court is directed to send a copy of this order by certified mail to the parties and to the trial court.

It is so ORDERED.

Judge’s signature: /s/ Jane Bland

 Acting individually  Acting for the Court

Date: June 24, 2014
<PAGE>   1

                                  EXHIBIT 24.1

                     POWER OF ATTORNEY OF LUCIE J. FJELDSTAD


         KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Lucie J.
Fjeldstad, hereby constitutes and appoints Peter A. Allen or Gordon A. Gardiner
her true and lawful attorney-in-fact and agent, for her and her name, place and
stead, in any and all capacities, to sign the Registration Statement on Form S-3
of Data Dimensions, Inc., a Delaware corporation, and any amendments or
supplements thereto, and to file this Power of Attorney and the Form S-3, with
all exhibits thereto, and other documents in connection therewith with the
Securities and Exchange Commission and the Nasdaq National Market System,
granting unto said attorney-in-fact and agent full power and authority to do and
perform each and every thing requisite and necessary to be done in and about the
premises, as fully to all intents and purposes as she might or could do in
person, hereby ratifying and confirming all that said attorney-in-fact and agent
may do or cause to be done by virtue hereof.

         Dated this 4th day of March, 1999.

Signature:


/s/ Lucie J. Fjeldstad
--------------------------------
Lucie J. Fjeldstad



                                     III-5
<PAGE>   1

                                   EXHIBIT 5.1

                       OPINION OF GARVEY, SCHUBERT & BARER

March 9, 1999

Data Dimensions, Inc.
411 108th Avenue N.E.
Suite 2100
Bellevue, Washington 98004

         RE: FORM S-3 REGISTRATION STATEMENT

Gentlemen:

         We have acted as counsel for Data Dimensions, Inc. (the "Company") in
connection with the filing of a registration statement on Form S-3 (the
"Registration Statement") under the Securities Act of 1933, as amended, covering
up to 463,779 shares of common stock (the "Shares") of the Company, $.001 par
value. The Common Stock is being registered by the Company in connection with
the issuance of the same to the former shareholders of ST Labs, Inc. pursuant
to the merger of a wholly-owned subsidiary of the Company with and into ST
Labs, Inc.

         We have reviewed those documents, corporate records, and other
instruments we have deemed necessary for the purposes of this opinion. As to
matters of fact which have not been independently established, we have relied
upon representations of the Company's officers. In our examination, we have
assumed the authenticity of all documents submitted to us as originals, the
genuineness of all signatures thereon, the legal capacity of natural persons
executing such documents, and the conformity to original documents of all
documents submitted to us as copies.

         Based on the foregoing, and subject to the assumptions and limitations
set forth herein, it is our opinion that, under the corporate laws of the State
of Delaware, the Shares to be offered and sold by the Selling Shareholders have
been duly authorized under the Company's Articles of Incorporation and are
validly issued, fully paid, and nonassessable securities of the Company.

         This opinion is dated as of the date hereof.

         We hereby consent to the filing of this opinion as an exhibit to the
Registration Statement and to the reference to this opinion under Item 5 in the
Registration Statement.

                                        Sincerely,


                                        /s/ Garvey, Schubert & Barer


                                        GARVEY, SCHUBERT & BARER



                                     III-2
# C_2015081EN.01000501.xml

| 9.3.2015 | EN | Official Journal of the European Union | C 81/5 |
| --- | --- | --- | --- |

9.3.2015

EN

Official Journal of the European Union

C 81/5

---

Reference for a preliminary ruling from the Supreme Court (Ireland) made on 5 December 2014 — MM v Minister for Justice and Equality, Ireland and the Attorney General

(Case C-560/14)

(2015/C 081/06)

Language of the case: English

Referring court

Referring court

Supreme Court, Ireland

Parties to the main proceedings

Parties to the main proceedings

Applicant: MM

Applicant:

Defendant: Minister for Justice and Equality, Ireland and the Attorney General

Defendant:

Question referred

Question referred

| 1. | Does the ‘right to be heard’ in European Union law require that an applicant for subsidiary protection, made pursuant to Council Directive 2004/83/EC (1), be accorded an oral hearing of that application, including the right to call or cross-examine witnesses, when the application is made in circumstances where the Member State concerned operates two separate procedures, one after the other, for examining applications for refugee status and applications for subsidiary protection, respectively? |
| --- | --- |

1.

Does the ‘right to be heard’ in European Union law require that an applicant for subsidiary protection, made pursuant to Council Directive 2004/83/EC (1), be accorded an oral hearing of that application, including the right to call or cross-examine witnesses, when the application is made in circumstances where the Member State concerned operates two separate procedures, one after the other, for examining applications for refugee status and applications for subsidiary protection, respectively?

1

---

(1)  Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, OJ L 304, p. 12.

1

---