2019年9月12日 星期四

"referred to V"或是"referred to to V" (筆記)

本篇僅筆記。

「Refer to」是片語,後面怎麼接就看實際狀況,例如,從google patents撈出一些寫法:

... referred to a service industry by a host website.
... referred to as the HV shelves.
... content to be referred to on the web page.
Referred to the absorption of absolute black ...
... if there are multiple items of interest and items of non-interest referred to in digital content...
...  items being referred to in any digital content ...
... referred to as roller coaster, ... 
... identifier management table is referred to to acquire the page identifier ...
... a result of the phase comparison is referred to to count addresses which ...

... should now be referred to to understand how ...

然而,有個問題是,「referred to」既然形成一個片語,在此片語的使用下,後面如果是接動詞,是要寫成「referred to V」,還是「referred to to V」?

我去找美國法院的判決內容(Google Scholar),摘錄如下:

- Gass v. Berryhill, Dist. Court, ND Indiana 2017
「... the surgeon he was referred to to determine whether back surgery was required, ...」

- SANTAITI v. TOWN OF RAMAPO, INC., 2017 NY Slip Op 50270 - NY: Supreme Court 2017
「... plaintiff's decedent's husband utlized the same weapon hereinbefore referred to to fatally wound plaintiff's decedent with gunshot wounds ...」

- PIESCIUK v. Kelly, Dist. Court, SD Ohio 2015
「Judge Nastoff indicated he wanted everything that he referred to to be part of the record.」

- MILLIPORE CORPORATION v. WL GORE ASSOCIATES, INC., Dist. Court, D. New Jersey 2012
「... while the specification may be referred to to limit the claim, it can never be made available to expand it.」

- Barton v. North Slope Borough School Dist., 268 P. 3d 346 - Alaska: Supreme Court 2012
「...  section of the book that he referred to to find out that the distance from the sideline to ...」

- ROGERS INDUS. PRODUCTS v. HF RUBBER MACHINERY, 797 F. Supp. 2d 851 - Dist. Court, ND Ohio 2011
「... it is the claim itself that is "the measure of [the patentee's] right to relief, and while the specification may be referred to to limit the claim, it can never be made available to expand it.」

- Johnson & Johnston Associates v. RE SERVICE, 285 F. 3d 1046 - Court of Appeals, Federal Circuit 2002
「The claim is the measure of his right to relief, and while the specification may be referred to to limit the claim, it can never be made available to expand it.」

- In re Estate of Treloar, 151 NH 460 - NH: Supreme Court 2004
「We have previously interpreted the phrase "named or referred to" to require "clear evidence" that the testator actually named or distinctly referred to the heir "personally, so as to show that he had [the heir] in his mind.」

- People v. Dixon, 20 Cal. App. 4th 1029 - Cal: Court of Appeal, 4th Appellate Dist., 2nd Div. 1993
「The only factor the court referred to to support the consecutive term was the factor of gun use.」

- Hogg v. Emerson, 52 U.S. 587 (1850)(有兩處)
「... That if the second drawing which has been exhibited in evidence is to be regarded as a part of the plaintiff's patent, and to be referred to to help out the specification」
「But if the latter was ambiguous, obscure, or doubtful, the drawing might be referred to to remove the difficulty.」

my two cents:
其實,使用「referred to to」找到的內容比我想像的少。

避免困擾,要避免寫成referred to to V(雖然這是對的),可以寫成「referred to so as to V...」,或是乾脆換句話說:「Referred to ..., and is Ved.」

Ron

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