FUNDAMENTAL-FAIRNESS DOCTRINE

  fundamental-fairness doctrine.The rule that applies the principles of due process to a judicial proceeding. • The term is commonly considered synonymous with due process.[Blacks Law 8th]

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FUND

fund,n.1. A sum of money or other liquid assets established for a specific purpose <a fund reserved for unanticipated expenses>. blended fund.A fund created by income from more than one source, usu. from the sale of a testator’s real and personal property. changing fund.A fund, esp. a trust fund, that changes its form periodically as…

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FUNCTUS OFFICIO

functus officio (f<<schwa>>ngk-t<<schwa>>s <<schwa>>-fish-ee-oh). [Latin “having performed his or her office”] (Of an officer or official body) without further authority or legal competence because the duties and functions of the original commission have been fully accomplished. • The term is sometimes abbreviated to functus <the court was functus>. [Cases: Officers and Public Employees 44. C.J.S.…

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FUNCTIONAL LIMITATION

functional limitation.Patents. In a patent application, the definition of an invention by what it does rather than what it is. • A functional limitation is not inherently invalid, but it is examined closely because it tends to be too broad, claiming every possible way of doing the same thing. MPEP 2173.05(g). See functional rejection under…

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FUNCTIONALITY

functionality.Trademarks. The quality of having a shape, configuration, design, or color that is so superior to available alternatives that giving the first user exclusive trademark rights would hinder competition. [Cases: Trade Regulation 43. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 49–50.] aesthetic functionality.A doctrine that denies protection to the design of a product or its…

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