In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

to the registrations of any party to the action. Decrees and orders shall be certified by the court to the Commissioner, who shall make appropriate entry upon the records of the Patent and Trademark Office, and shall be controlled thereby. 15 U.S.C. 1119. 27. The legal issue in a cancellation proceeding is the right to register a mark and when a mark is not incontestable, a court may cancel the mark on any ground which would have prevented registration initially. International Order of Job's Daughters, 727 F.2d at 1091. 28. As noted, a mark "which does not fulfill the functions of a trademark, but, rather, serves essentially a utilitarian or functional purpose cannot be registered as a trademark." Id.; see Goodyear Tire & Rubber Co. v. Robertson, 25 F.2d 833, 834-35 (4th Cir.1928) (<HOLDING>). 29. Because Shakespeare's mark is a
Holding statements: (A) holding that automobile racing is not an ultrahazardous activity (B) holding that diamondshaped tread on tire which is a mechanically functional feature of an automobile tire cannot be registered (C) holding when a policeman has made a lawful custodial arrest of the occupant of an automobile he may as a contemporaneous incident of that arrest search the passenger compartment of that automobile (D) holding that owners and officers of automobile dealership who were neither consumers nor competitors in automobile market lacked standing to bring antitrust action against automobile manufacturer (E) holding that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered stopping an automobile and detaining the driver in order to check his drivers license and the registration of the automobile are unreasonable under the fourth amendment
(B)

that is so related structurally to another substance as to be theoretically derivable from it even when not so obtainable in practice (the methoxy of naphthalene)." Webster's Int'l 608. Thus, while some of the general purpose dictionaries provide support for Defendant's suggested definition for derivative, others define the term as proposed by Plaintiffs. Technical dictionaries can also assist claim construction by showing how those skilled in the art define "derivatives." Moba v. Diamond Automation, Inc., 325 F.3d 1306, 1315 (Fed.Cir.2003) ("[A]s this court has repeatedly counseled, the best indicator of claim meaning is its usage in context as understood by one of skill in the art at the time of invention."); Dow Chem. Co. v. Sumitomo Chem. Co., 257 F.3d 1364, 1373 (Fed.Cir.2001) (<HOLDING>). Here, again, the cited sources provide
Holding statements: (A) recognizing we must give insurance policy language its ordinary and generally accepted meaning unless the policy shows that the words used are intended to impart a technical or different meaning (B) holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance (C) holding that the specifications reference to a selector sufficed as one skilled in the art would have understood the term (D) holding a technical term used in a patent document is interpreted as having the meaning that it would be given by persons experienced in the field of the invention unless it is apparent from the patent and the prosecution history that the inventor used the term with a different meaning (E) holding that courts may consult scientific dictionaries and technical treatises to deter mine the ordinary meaning of a technical term to persons skilled in the art
(E)

by a transfer to another position, as opposed to modification of her existing job duties. 30 . It is not obvious to us that a "modification of an existing position" theory would result in CBA interpretation, and Boeing has not cited to us any provision of the CBA that would need to be interpreted if Humble pursues that theory. See Miller v. AT & T Network Sys., 850 F.2d 543, 549 (9th Cir.1988) (explaining that under Oregon law, expert opinions and not CBA provisions on job assignments govern whether a disabled employee can satisfactorily perform a job). In the absence of briefing and discussion, we need not resolve whether Washington law on this point is the same as Oregon's. 31 . 66 F.3d at 1526-27. 32 . Id. at 1527. 33 . Id.; see also Miller, 850 F.2d at 548-49 (9th Cir.1988) (<HOLDING>). 34 . Cramer, 255 F.3d at 690-91 (citing
Holding statements: (A) holding that erisa preemption is an affirmative defense where erisas preemptive effect would result only in a change of the applicable law and would not subject the claim to exclusive federal jurisdiction (B) holding that the need to reference the cbas local assignment and transfer provisions would be minimal under oregon disability discrimination law and did not result in preemption of that claim (C) holding plaintiff did not have standing to challenge the validity of an assignment from mers to bac because she was not a party to the assignment and the assignment did not affect her underlying obligation to make timely payments (D) holding that west virginia disability discrimination law is not mechanically tied to federal disability discrimination jurisprudence (E) holding disability discrimination claim barred
(B)