|Exam Name||:||Sales Essentials of HP Workstations Exam|
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|Updated On||:||September 21, 2018|
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what's it: The 2019 Buick Envision is the company’s midsize SUV, inbuilt China. Engine selections encompass a 2.5-liter making 197 hp or a 252-hp, 295-lb-toes turbocharged 2.0-liter four. these upgraded engines come with GM’s new 9-pace transmission. This top rate II is the precise trim, with things like a head-up display, navigation and cooled front seats.
Key opponents: Acura RDX, Lexus NX 300, Lincoln MKC
Base rate: $44,595 As-tested fee: $48,030
Highlights: For 2019, the Envision received a bunch of improvements together with a new grille, LED taillamps, a stop/delivery deactivation swap, each adaptive and standard cruise manage and more suitable visibility on the rearview camera. It’s additionally the first crossover utility of Buick’s trick HiPer Strut entrance suspension and active Twin seize, which saves gasoline by using simplest adding energy to the rear wheels when crucial.
Full review: 2018 Buick EnvisionBuick Envision interior details image 11 of 8The properly-level 2019 Buick Envision comes with ahead collision alert, lane keep assist, a heads-up monitor equipment, navigation, wireless charging for the newest phones and more.
Buick Envision interior particulars picture 22 of 8The right-level 2019 Buick Envision comes with ahead collision alert, lane hold assist, a heads-up display device, navigation, wireless charging for the newest telephones and extra.
Buick Envision indoors details image 33 of 8The desirable-level 2019 Buick Envision comes with ahead collision alert, lane maintain aid, a heads-up display equipment, navigation, wireless charging for the latest phones and more.
Buick Envision interior particulars photo fourfour of 8The desirable-level 2019 Buick Envision comes with ahead collision alert, lane hold help, a heads-up monitor system, navigation, instant charging for the newest telephones and more.
Buick Envision indoors details image 55 of 8The precise-stage 2019 Buick Envision comes with forward collision alert, lane maintain help, a heads-up reveal system, navigation, instant charging for the latest telephones and greater.
Buick Envision indoors details photograph 66 of 8The properly-degree 2019 Buick Envision comes with forward collision alert, lane preserve help, a heads-up monitor gadget, navigation, wireless charging for the newest phones and more.
Buick Envision indoors details photograph 77 of 8The desirable-degree 2019 Buick Envision comes with forward collision alert, lane maintain support, a heads-up reveal gadget, navigation, instant charging for the newest phones and extra.
8 of 8Next Gallery: yes thats a Buick simply without the Buick identify badge
Our Opinion: the most crucial aspect this Envision has going for it's its dimension. The Encore seems a bit small for daily life, as a minimum my lifestyle, and the Enclave, as pleasant as it is, is bigger than integral for a household of four. The Envision has about 27 cubic ft of space behind the 2d row and greater than 57 cubes with the second row folded. I put a stroller, two small coolers and a few other junk in there for a family unit birthday celebration. It fit, but it surely did block the rearview as a result of I needed to stack stuff to the ceiling with out the seats folded.
It’s effortless to park too. It’s a little smaller however feels concerning the dimension of a Jeep Grand Cherokee, which is my home base for SUVs. There’s additionally no difficulty sticking it into small areas in site visitors, so long as you have the grunt.
vigour from the 2-liter felt respectable many of the time. The nine-speed feels a good deal better during this software than in the Chevy Traverse. At excessive speeds, one might want for a little more oomph, however for a standard, non-aggressive driver, it’s a lot. it may possibly tow 1,500 kilos in a pinch too, even though I wouldn’t use this as my primary hauler.
The indoors is good enough. The seats aren’t as plush because the company’s bigger automobiles, but every little thing is handy to study and attain, and that i love the interval gauge on the primary cluster that tells you what number of seconds you are in the back of the motor vehicle in front. it works with the adaptive cruise control, however jogs my memory of F1.
So, the Envision is way down the checklist in compact CUV revenue. close-luxurious versus non-luxurious is not delineated. The phase is led through the Nissan Rogue, Honda CR-V and the Toyota RAV4. Of these three, I’d only take the CR-V over this. For what it’s value.
--Jake Lingeman, highway look at various editor
On Sale: Now
Base fee: $44,595
As established expense: $forty eight,030
Powertrain: turbocharged 2.0-liter I4, AWD, 9-velocity automatic
Output: 252 hp @ 5,500 rpm, 260 lb-toes @ 2,000 rpm
gasoline financial system: 20/25/22(EPA metropolis/Hwy/combined)
alternatives: Driver self belief equipment together with adaptive cruise manage, ahead computerized braking and encompass vision ($1,545), panoramic moonroof ($1,495), satin metal grey metal ($395)
execs: right-sized for a family of four
Cons: no longer an awful lot for an fanatic
[co-author: Tobias Kempter]
in this concern
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Infringement court no longer certain by means of claim building in Validity lawsuits –“Smoking Articles with decreased Ignition Proclivity qualities,” greater Regional courtroom Düsseldorf, I-2 U 39/16
In its judgment titled “Smoking articles with reduced ignition proclivity traits,” the greater Regional court Düsseldorf confirmed that an infringement court docket is not sure through declare development in validity lawsuits, together with opposition and nullity lawsuits—a choice viewed by many as patent proprietor friendly. The decision also underscores the importance of the German bifurcated equipment, through which German civil courts address infringement and panels of the european Patent office (EPO) and the German Federal court handle validity. The patent at difficulty pertains to a cigarette paper having a reduced tendency for inflammation. in line with the patent, here's finished by making use of a thin film (solution) on the cigarette. In opposition court cases, a panel of the EPO decided the time period “answer” didn't encompass “suspensions.” In subsequent infringement proceedings, besides the fact that children, the higher Regional court docket dominated the contrary. It held that suspensions fall within the scope of the patent and located the equal to be infringing. In doing so, the court docket stressed out that it was not sure by using an interpretation of the EPO; rather, the infringement courtroom should make its own assessment on a way to define claim points. This choice can also make it more convenient for parties to take contradictory or conflicting positions across validity and infringement lawsuits. not best did the greater Regional courtroom locate it became not sure by the EPO, it brought that contradictory statements through a plaintiff in validity court cases may still handiest be taken under consideration below terrific cases—in specific, only to the extent that (1) a patent proprietor has made a assertion in path of the validity lawsuits it's directed at limiting the scope of the patent; (2) the patent has been maintained on the foundation of this; and (three) the defendant to the infringement motion turned into a party to the validity court cases. This choice might also therefore aid patent homeowners seek a narrow declare development in validity court cases, whereas later insisting on a broader interpretation in infringement complaints.
U.S. Patent Updates
Federal Circuit Okays Liberal Pleading – Disc ailment options v. VGH solutions, Federal Circuit (1 might also 2018)
In November 2015, the Federal guidelines of Civil procedure have been changed to eliminate a short kind plaintiffs might use to file complaints for patent infringement. That kind, in essence, allowed a plaintiff to without problems establish the asserted patent(s) and the accused product(s) and usually allege that a defendant infringed. in spite of the fact that the removing of this template, pleading standards are often nevertheless relatively liberal. under case legislations, plaintiffs should allege factual particulars adequate to enable a “competitively priced inference that the defendant is answerable for the alleged misconduct.”
in this case, the plaintiff, Disc ailment options, recognized the accused items, but most effective generally alleged that these products met “every and each element of as a minimum one claim” of the asserted patents. The plaintiff did not consist of any claim charts or point-via-factor analysis of its infringement allegations. It only attached the asserted patents and photographs of the accused items. The district courtroom held that the criticism included insufficient element to fulfill the mandatory pleading normal. The Federal Circuit reversed.
The Federal Circuit concluded that the complaint, with the connected patents and pictures of accused items, offered “fair notice” to the defendant. The court brought up that the technology and patents were incredibly simple. The photos of the accused items provided enough assistance to create a “within your budget inference” that the defendant could infringe. whereas the pleading normal has turn into stricter due to the fact the rule of thumb alternate in late 2015, the important thing takeaway here is that plaintiffs may be able to get away with naked pleading, if the technology and patents-at-difficulty are slightly basic and can be understood on their face.
PTO pronounces Proposed Rule alternate on claim development (8 might also 2018)
The U.S. Patent and Trademark workplace (PTO) introduced a proposed rule change to the claim building average utilized in publish-grant challenges at the Patent Trial and appeal Board (PTAB). presently, PTAB court cases use the broadest reasonable interpretation (BRI) commonplace for construing unexpired and proposed amended claims. The proposed rule exchange would abandon the BRI commonplace in prefer of the Phillips declare development usual, which is the same commonplace utilized in U.S. District Courts.
under the BRI regular, a claim term is given its broadest inexpensive building “in easy of the specification because it can be interpreted by means of one of average skill in the art.” by way of assessment, the Phillips average requires construing declare terms in accordance with their “normal and conventional which means” that would take delivery of by using someone of commonplace ability in the paintings at the time of the invention. The Federal Circuit has verified that the BRI ordinary may additionally deliver, in some situations, the same interpretation as the Phillips common. however, the BRI can additionally deliver a broader declare interpretation, which may also be constructive for invalidity. The PTO stated that its purpose in proposing this rule alternate “is to put into effect a good and balanced method, featuring more desirable predictability and sure bet within the patent equipment,” as well as increased judicial efficiency.
Federal Circuit Denies Rehearing on Extent of Factual evaluation for § a hundred and one Challenges – Berkheimer v. HP Inc., Federal Circuit (En Banc Rehearing Denied) (31 might also 2018)
The Federal Circuit in Berkheimer reiterated the well-centered concepts governing § a hundred and one challenges involving patent eligible subject remember. First, it confirmed that “patent eligibility is ultimately a question of legislation.” 2nd, it pointed out that the analysis can also require given that “underlying factual questions.” below Alice, some of the primary factual considerations is “even if anything is smartly-understood, pursuits, and standard to a talented artisan at the time of the patent.”
Following Berkheimer, two parallel petitions for full en banc rehearing were filed, asking the Federal Circuit to reply adaptations of here query: is the threshold decision of patent eligible area matter below § 101 a query of law that can also be settled in a movement to dismiss or movement for summary judgment, or do the underlying factual considerations preclude a choose from making such choice? The parallel petitions were each denied via the Federal Circuit, but the problem remains hotly debated. as a result, it's feasible that petitions may be filed at the Supreme courtroom, asking it to get to the bottom of these questions.
curiously, diverse Federal Circuit judges who voted to deny rehearing indicated in their decisions that Congress should still intervene to clarify this and different concerns within the § one zero one jurisprudence. The PTO has additionally weighed in, issuing up-to-date information to its patent examiners on 19 April 2018, after the Berkheimer decision. The assistance instructs that “an examiner should conclude that a component (or mixture of aspects) represents well-understood, hobbies, standard recreation only when the examiner can comfortably conclude that the factor(s) is largely accepted or in ordinary use within the principal industry,” and that such conclusion must be based mostly upon a factual decision.
profits lost outdoor U.S. Are Recoverable, Says Supreme courtroom – Westerngeco LLC v. Ion Geophysical Corp., U.S. Supreme courtroom (22 June 2018)
In a 7-2 determination, the Supreme courtroom held that patent owners can get better gains lost outdoor of the U.S. due to infringement. The specific statutory provision the courtroom relied on, 35 usaC. § 271(f), states that it is an act of infringement to ship components from the U.S. to be included into an infringing product remote places. The court docket focused on the proven fact that beneath this provision, the infringing act happens inner the U.S. — e.g., the act of exporting. therefore, the court docket reasoned that the lost earnings from foreign places revenue are as a result of the domestic movements of the infringer.
The courtroom’s decision looks to be narrowly worded to observe only to acts of infringement below § 271(f), but the reasoning become primarily based extra generally on equitable principles. The court docket explained that damages awards are commonly supposed to position patent homeowners within the same region they'd be absent the infringing act. The determination has been seen by way of some as a win for patent house owners, and, given the huge motive, we may additionally see some patent house owners are trying to stretch the choice to reap damages for different types of infringement taking place outside of the U.S.
Supreme courtroom to listen to Case on “Secret Sale” protection – Helsinn Healthcare S.A. v. Teva Pharma. us of a, Inc., U.S. Supreme courtroom (Cert. Granted) (25 June 2018)
The Supreme court docket agreed to hear a case related to advantage adjustments to the on-sale bar rule within the the us Invents Act (AIA). In common, the on-sale bar offers that revenue of an invention that occur greater than a yr earlier than the priority date of a patent can also be used as prior artwork to invalidate the patent. The question to be decided with the aid of the Supreme courtroom is whether or not such revenue are nonetheless invalidating under the AIA in the event that they are “secret earnings”—e.g., the purchaser is obligated to maintain the sale confidential.
in the current case, the patent owner, Helsinn, entered a license agreement with a third-celebration customer. whereas the proven fact that Helsinn had entered right into a license became public, the exact particulars of the claimed invention (i.e., the pharmaceutical drug area of the sale to that client) had been not. The license agreement with the third party customer changed into entered into greater than twelve months before Helsinn filed for its patent. before the AIA, the statutory language of the on-sale bar brought up that an entity changed into entitled to a patent unless the invention become “in public use or on sale in this country, greater than 12 months prior to the date of software.” since it did not specify or indicate that the earnings needed to be public, secret earnings and public income alike were invalidating.
under the AIA, youngsters, the on-sale bar language turned into modified to say that an entity is entitled to a patent unless the invention became “in public use, on sale or in any other case accessible to the general public” as a minimum 12 months just before the date of application. Patent proprietor Helsinn is urging that the “in any other case purchasable to the public language”—which changed into no longer included within the pre-AIA version of the statue—ability that sales should make an invention obtainable to the public with the intention to be invalidating. Defendant Teva disputes that language modifies the on-sale bar. The court docket is anticipated to listen to the case later this 12 months.
Germany Patent Updates
Federal Supreme court docket Clarifies When replacing materials in Patented gadgets quantities to Infringement – “Trommeleinheit,” Federal Supreme courtroom of Germany, X ZR fifty five/sixteen
In its lately posted resolution, “Trommeleinheit,” the German Federal Supreme court clarified its case law when changing spare and put on materials in patent included contraptions amounts to patent infringement. manufacturers of patented printers have in the past raised the subject in entrance of courts. They argued that using printer cartridges of alternative producers in “their” printers infringes their patents on the printers. Prior cases have been fought very difficult over this subject of high business significance, because, in many industries, producers make extra make the most of the sale of spare and wear parts (e.g., printer cartridges) than from the sale of the common equipment (e.g., printer).
according to settled German legislation, a (somewhat artificial) big difference between a mere fix of the patented equipment and a so-known as “new manufacturing” of the equal needs to be drawn to be able to make a decision no matter if replacing spare and wear elements in the gadget infringes patents covering the device. In its previous decision “Palettenbehälter II” (X ZR ninety seven/11), the Federal Supreme courtroom had pointed out that a replacement of spare and put on constituents amounts to patent infringement if the present belief of the consumers is that the alternative is more than a mere act of “restoration,” which preserves the id of the product as a tradeable respectable. The Federal Supreme court, in the speedy case, clarified that common.
In its present decision, the German Federal Supreme court stated that for instances through which the spare and put on elements aren't traded as a distinct product, a “fictive client perception” in line with normative components shall not be utilized for figuring out the restore vs. “new manufacturing” question. The Federal Supreme court thereby overruled the larger Regional court docket Düsseldorf.
The court docket explained that an infringing “new manufacturing” handiest occurs if the spare and wear components provide the technical (or low-cost) benefits of the patented invention. under this clarified regular, it would not be an infringing “new manufacture” if the spare and put on ingredients best interact with different ingredients that in fact obtain the merits materialized within the patent.This choice is probably going to restrict the patent holders’ potentialities of success in similar situations, as it seems to have based a more robust burden of proving infringement according to a “new manufacturing.” The mere act of changing definite spare and wear materials will now be less more likely to amount to patent infringement – notwithstanding they're mentioned in the patent declare.
Federal Supreme court docket Clarifies intention of Definition of adult expert in the paintings – “Wärmeenergieverwaltung,” Federal Supreme courtroom of Germany, X ZR 14/sixteen
With this currently published judgment, the German Federal Supreme court docket (the court) clarified the intention of the definition of the person of typical skill in the art (POSITA). it's well-established that each and every court docket that deals with patent matters has to set out, in its judgments, the training and skills of individuals professional in the art vis-à-vis the patents-in-suit. The Federal Supreme courtroom has now held that the definition of this adult serves to define a fictitious person from whose aspect of view the patent in go well with and the prior artwork ought to be evaluated. in line with the court, this definition cannot be based on claim development or artistic step considerations, in view that such would volume to inadmissible hindsight.
in the case in question, the patent-in-swimsuit spoke of a method and device for managing thermal energy in a constructing that had a duct for elevator programs. It become commonly used in the paintings that equipping elevator shafts with air flow techniques resulted in power losses. The patent-in-suit offered a solution that it referred to decreased energy losses whereas still complying with regular defense requirements. The plaintiff (e.g., patent challenger) claimed that the alleged invention become no longer patentable. The Federal Patent court—in Germany, the first instance court docket for all patent validity movements—declared the patent invalid for lack of artistic step. in accordance with the court, the subject count of the patent-in-suit would had been glaring to a POSITA—an authority in heating, ventilation, and air-conditioning applied sciences with event in developing elevators. The defendant (e.g., patent owner) appealed this determination to the German Federal Supreme court docket.
in the appeal, the defendant/appellant argued that its patent was legitimate, in part since the decrease courtroom’s POSITA definition changed into flawed. The appellant entreated that a POSITA couldn't be described as a result of no knowledgeable at the time of the precedence date of the patent had get a hold of a similar answer to the brought up difficulty. The Federal Supreme court agreed that the appellant’s patent changed into valid, however disagreed with the appellant’s reasoning, which appeared to conflate defining the POSITA and evaluating creative step. The courtroom held that whether the “solution” (as set forth in the patent) would have been obtrusive to a POSITA has to be determined in line with the criteria for artistic step—not in accordance with the POSITA definition. therefore, the validity of the patent become validated notwithstanding any alleged unsuitable POSITA definition. Yet, even making use of the decrease court’s POSITA definition, the Federal Supreme court docket nevertheless discovered that it changed into an error for the decrease court docket to deny patentability.
hearing Date for UPCA criticism before German Constitutional court docket remains Unscheduled as the due date for the withdrawal of the UK from the european Union techniques, the grievance in opposition t a German legislation which ratified the Unified Patent court agreement (UPCA) remains undecided. notwithstanding the case became filed in the summertime of 2017 and has been listed among people that the German Federal courtroom (FCC) plans to decide in 2018, a hearing date has still not been set. The FCC has been busy deciding other situations on its 2018 listing, however one can't predict in response to this which case(s) will be subsequent in line, as the FCC does not always agenda hearings in the order set forth in its list.
even though this, the proceedings might conclude ahead of anticipated if the FCC deems the complaint inadmissible. should the case be admitted, a ruling may be expected across the conclusion of 2018, assuming a hearing date is determined soon. If now not, or should still the FCC refer one or greater questions to the courtroom of Justice of the ecu Union (CJEU), the continuing could no longer come to an end until 2019. on the grounds that only German ratification continues to be pending out of the required signatories (i.e., Germany, France, UK) for the UPCA to come into drive, the hope is that the FCC will deal with the matter in a well timed method. as the UK will withdraw from the ecu with the aid of March 2019, swiftness on the FCC can be of the essence for the UPCA to come back into force earlier than Brexit.
volume of protection for Enforcement of call-again/removal and Destruction should Be Set as a minimum as high as for Injunction – better Regional court docket Karlsruhe, 6 U 169/16
under German legislation, first instance selections in patent infringement proceedings may also be enforced besides the fact that the choice is on enchantment. In most circumstances, however, enforcement requires the plaintiff to give a bond, in case the first illustration decision is revoked on appeal and the defendant suffers damages due to the enforcement right through the appeal. during the past, it has been the customary follow of German courts to set diverse bonds for the diverse cures requested by means of plaintiffs. usually, a much better bond is required for implementing an injunction, whereas lessen bonds are required for other cures (e.g., damages, recall or elimination of infringing products, or destruction of infringing items).
The better Regional court docket Karlsruhe—one of the accurate three German Appeals Courts for patent concerns—clarified in its above-referenced determination that if a first example ruling gives diverse remedies (e.g., an injunction, an duty to name lower back and take away infringing products from the market, or an obligation to ruin patent infringing products), such treatments should still be regarded as a unit, as opposed to one by one, when it involves question of setting a bond. amongst other motives, the enforcement of claims for removal and destruction had been found, in essence, to be a de facto enforcement of an injunction.
hence, the court concluded that the quantity of safety a claimant should provide to enforce all or anyone claim of a primary example determination may still be the total amount or cost for all claims together. Such volume will depend on the court in its discretion. The courtroom introduced that the claimant’s valuation of past and future infringements may be used as a reference factor in this resolution, until the defendant can establish that that valuation would be insufficient to cover its skills damages from any enforcement.
Walmart Inc. has despatched a letter to U.S. alternate Ambassador Robert Lighthizer warning that proposed tariffs on $200 billion on chinese language items would damage patrons and American businesses.
The letter, dated September 6, specializes in what Walmart WMT, +0.sixteen% says might be the repercussions of the tariffs, which would practice to goods like meals and beverages, own care products like shampoo, detergents, motor cars and paper goods like napkins.
Walmart is the greatest retailer within the U.S.
The tariffs had been at first proposed in July and are scheduled to go into effect on September 24. the ten% tax on chinese imports will rise to 25% on January 1, 2019, in accordance with contributors of the Trump administration.
China referred to it might impose tariffs on $60 billion price of U.S. goods. And China’s Commerce Ministry has vowed retaliation and says the proposed U.S. plan has resulted in “uncertainty” for negotiations between both countries.
See: alternate-warfare dangers ramp up for shares as companies birth curbing funding
additionally: China retaliates with tariffs on $60 billion of U.S. items
“may still the tariffs go into impact, Walmart valued clientele will face charge increases for primary items like vehicle seats, cribs, backpacks, hats, pet items and bicycles,” Walmart’s letter says.
The enterprise additionally referred to that tariffs would put a commitment to buy an further $250 billion in products that support American jobs in jeopardy.
“For reduce-income families, a 25% tax on these objects can be a major burden on family finances,” Walmart wrote. “Walmart and our suppliers will pay the cost of elevated duties, which might be comfortably taxes levied on items at the border. because of this, both consumers pays greater, suppliers will get hold of much less, retail margins can be lessen, or consumers will purchase fewer products or forego purchases altogether.”
Walmart outlined the hurdles in discovering alternate suppliers, including defense issues on items for little ones, and the proven fact that China is the fundamental or sole source of imports for a lot of products. There are additionally requirements that new suppliers ought to meet, and charges that might come from the trade.
The retailer also says that it serves as an exporter of many items through channels like Walmart China. lots of these items face tariffs as well. Cherries, as an instance, face 50% duties and, in keeping with Walmart, have considered revenue and margins slip.
read: U.S. equipped for ‘serious’ alternate talks with China, says Trump adviser Kudlow
different U.S. objects of difficulty consist of pork, pork, nuts and wine, which can be subject to chinese retaliation.
The countrywide Retail Federation has additionally chimed in, with the company’s President Matthew Shay asserting that “lots” of organizations accept as true with this a “tax on American families.” The NRF has joined a coalition of more than one hundred corporations known as americans without charge change in order to oppose tariffs and partnered with Farmers at no cost alternate on a campaign which will host town hall events and perform outreach to Congress and the Trump administration on the subject. routine are deliberate for Chicago, Nashville, Pennsylvania and Ohio.
“It’s disappointing that, regardless of the voices of these impacted, the administration continues to boost damaging tariff guidelines that threaten to weaken the U.S. economic system,” the commentary observed. “We cannot have the funds for additional escalation, peculiarly with the holiday searching season right across the corner.”
Don’t miss: Why the U.S.-China trade deficit is so big: here’s all the stuff america imports
The Retail business Leaders affiliation says it is “dissatisfied” with the aid of the tariff announcement as well.
“whereas we help the Administration’s purpose of preserving our exchange partners in charge, American families, no longer China, should be paying a new tax on every thing from lavatory paper to domestic items to furniture and pet elements,” Hun Quach, vp of foreign alternate for RILA, said in a press release.
Walmart shares have slipped essentially 3% for the yr up to now whereas the SPDR Retail S&P ETF XRT, -0.18% has gained 13.7% and the Dow Jones Industrial average DJIA, +0.32% has rallied 8.2% for the period.
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