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Both sides agree that if it comes within any of the definitions of a "drug", it is also a "new drug" as defined by 21 U.S.C. Faraday claims that it falls within none. "Articles" intended to affect the structure or any function of the body of man or other animals are "drugs".įDA claims that the Ova II kit falls within all three definitions.
"Articles" intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals are "drugs" Ĭ. "Articles" recognized in the official United States Pharmacopeia, and other identified compendia, are "drugs" ī. Three alternative definitions are involved here:Ī. § 321(g) (1), makes use of ordinary words of the language in such peculiar and special senses as to make interpretation an uncertain task. The statutory definition of a "drug", for this purpose, set out in 21 U.S.C. The major difficulty in reaching a decision on the motions arises from the phrasing of the statutory provisions involved. The questions raised and the responses given are illuminating.īoth parties have now renewed their motions for summary judgment and have submitted argument in light of the Joint Response. The parties have since submitted a detailed "Joint Response" which, for the most part embodies answers that both sides agree on, and for a few sets out areas of disagreement, with the posture on each side explained, these being mainly in areas of interpretation rather than matters of fact.
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Opinion and Order dated April 10, 1974.īy supplemental memorandum dated April 19, 1974, the court posed a series of inquiries to explore the question whether the matter could be dealt with on cross-motions for summary judgment. § 331, and Faraday, as claimant, resists that action.īased on discovery materials, both sides had moved for summary judgment and both motions were denied because of a number of uncertainties as to both law and facts precluding summary judgment. The United States (FDA) filed a complaint for forfeiture and condemnation of several thousand kits seized within the jurisdiction of the court 21 U.S.C. *661 The kit is marketed with literature indicating its use for the purpose of performing, in the home, a "preliminary screening test" by which a human female, having some reason to suspect that she may be pregnant, may obtain an indication of probability that she is or is not pregnant. under the name "OVA II", is a "drug" within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. This case involves the question whether a kit of chemicals and equipment, marketed in interstate commerce by Faraday Laboratories, Inc. Becker, Washington, D.C., of counsel), Kleinfeld, Kaplan & Becker, Washington, D.C., for claimant. (Marcus, Rosen, Breslow, Levy, Jaffe & Fiorello, Totowa, N.J., and Robert H. Food and Drug Administration, Washington, D.C., for plaintiff.Īlfonse J. for Faraday Laboratories * * *", etc., Faraday Laboratories, Inc., Claimant.
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Loading images directly from archive files is also possible, and Xee works very well as a comic book reader. For this, it uses Image::ExifTool, one of the most comprehensive metadata libraries. Xee can also display huge amounts of metadata from image files. Xee 3 5 2 – Image Viewer And Browser Default You can of course also zoom and rotate files using multi-touch gestures.
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It is designed to take full advantage of touch controls, allowing you to swipe through images in a folder one by one.
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It is similar to Mac OS X's Preview.app, but lets you easily browse the entire contents of folders and archives, move and copy image files quickly, and supports many more image formats. 此外，Xee能够显示EXIF图片的头部数据，但不支持对信息进行编辑。 Xee is an streamlined and convenient image viewer and browser. If the toolbar get added back to version 3, I would give it 5 stars. But I miss the toolbar that exists in the free open source version (ver 2.2). It offers all the features I need and want in an image viewer.
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Download the latest versions of the best Mac apps at safe and trusted MacUpdate. It also shows animation for formats which support this. Demetrios the big cynical adventure 1 1 0. It is similar to macOS's Preview.app, but lets you easily browse the entire contents of folders and archives, move and copy image files quickly, and supports many more image formats.
Xee is an streamlined and convenient image viewer and browser. Xee 3 5 2 – Image Viewer And Browser Settings
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