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原标题:2012年考研英语(二)真题及答案(完整版)(3)

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  2010考研阅读text2-text3题源分析及参考答案

  Text 3

  北京新东方学校  周雷

In 2010. a federal judge shook America's biotech industry to its core. Companies had won patents for isolated DNA for decades-by 2005 some 20% of human genes were parented. But in March 2010 a judge ruled that genes were unpatentable. Executives were violently agitated. The Biotechnology Industry Organisation (BIO), a trade group, assured members that this was just a “preliminary step” in a longer battle.    On July 29th they were relieved, at least temporarily. A federal appeals court overturned the prior decision, ruling that Myriad Genetics could indeed holb patents to two genss that help forecast a woman's risk ofbreast cancer. The chief executive of Myriad, a company in Utah,said the ruling was a blessing to firms and patients alike.    But as companies continue their attempts at personalised medicine, the courts will remain rather busy. The Myriad case itself is probably not over Critics make three main arguments against gene patents: a gene is a product of nature, so it may not be patented; gene patents suppress innovation rather than reward it; and patents' monopolies restrict access to genetic testssuch as Myriad's. A growing number seem to agree.Last year a federal task-force urged reform for patents related to genetic tests. In October the Department of Justice filed a brief in the Myriad case, arguing that an isolated DNA molecule “is no less a product of nature... than are cotton fibres that have been separated from cotton seeds. ”    Despite the appeals court's decision, big questions remain unanswered. For example, it is unclear whether the sequencing of a whole genome violates the patents of indivi dual genes within it. The case may yet reach the Supreme Court。

  Text 2

  AS the industry advances ,however,other suits may have an even greater impact.companies are unlikely to file many more patents for human DNA molecules-most are already patented or in  the public domain .firms are now studying how genes intcract,looking for correlations that might be used to determine the causes of disease or predict a drug’s efficacy,companies are eager to win patents for ‘connecting the dits’,expaains hans sauer,alawyer for the BIO。

  A Pending Threat to Patents

  Their success may be determined by a suit related to this issue, brought by the Mayo Clinic, which the Supreme Court will hear in its next term. The BIO rtcently held a convention which included seddions to coach lawyers on the shifting landscape for patents. Each meeting was packed。

  by Michael Orey

  31.it canbe learned from paragraph I that the biotech companies would like-----

  Business Week  February 21, 2008

  A.their executives to be active

  Over the past decade, thousands of patents have been granted for what are called business methods. Amazon.com (AMZN) received one for its "one-click" online payment system. Merrill Lynch (MER) got legal protection for an asset allocation strategy. One inventor patented a technique for lifting a box。

  B.judges to rule out gene patenting

  Now the nation's top patent court appears poised to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago (第二十六题 D答案对 the controversy over authorization). In a move that has intellectual-property lawyers abuzz, the U.S. Court of Appeals for the Federal Circuit on Feb. 15 said it would use a case pending before it to conduct a broad review of business-method patents. In re Bilski, as the case is known, is "a very big deal," says Dennis D. Crouch, a patent professor at the University of Missouri School of Law. It "has the potential to eliminate an entire class of patents. (第二十七题 D答案对 it may change the legal practice in US)"

  C.genes to be patcntablc

  Curbs on business-method claims would be a dramatic about-face (第二十八题 C答案对,change of the attitude,因为后面说联邦巡回法庭以前是很支持商业模式上的专利的,但是现在可能完全不支持了), because it was the Federal Circuit itself that ushered in such patents with its 1998 decision in the so-called State Street Bank (STT) case, approving a patent on a way of pooling mutual-fund assets. That ruling produced an explosion in business-method patent filings, initially by nascent Internet companies trying to stake out exclusive rights to specific types of online transactions. Later, more established companies raced to add such patents to their portfolios, if only as a defensive move against rivals that might beat them to the punch. In 2005, IBM (IBM) noted in a court filing that it had been issued more than 300 business-method patents, despite the fact that it questioned the legal basis for granting them. Similarly, some Wall Street investment firms armed themselves with patents for financial products, even as they took positions in court cases opposing the practice。

  D.the BIO to issue a warning

  The Bilski case involves a claimed patent on a method for hedging risk in the energy market. The Federal Circuit issued an unusual order stating that the case would be heard by all 12 of the court's judges, rather than a typical panel of three, and that one issue it wants to uate is whether it should "reconsider" its State Street Bank ruling。

  32.those who are against gene patents believe that----

  The Federal Circuit's action comes in the wake of a series of recent decisions by the Supreme Court that has narrowed the scope of protections for patent holders. Last April, for example, the justices signaled that too many patents were being upheld for "inventions" that are obvious. (第二十九题B答案对are often unnecessarily issued。现在美国最高法院已经收紧了颁发专利的范围,那么联邦巡回法庭也会收紧对商业模式的专利的审核)The judges on the Federal Circuit are "reacting to the anti-patent trend at the Supreme Court," says Harold C. Wegner, a patent attorney and professor at George Washington University Law School。

  A.genetic tests are not reliable

  纵观全文,最后一个题目第三十题,作为主旨题,答案应该是 A looming threat to business-method patents

  B.only man-made products are patentable

  26. Business-method patents have recently aroused concern because of

  C.patents on  genes depend much on innovatiaon

  [A] their limited value to business

  D.courts should restrict access to gene tic tests

  [B] their connection with asset allocation

  33.according to hans sauer ,companies are eager to win patents for----

  [C] the possible restriction on their granting

  A.establishing disease comelations

  [D] the controversy over authorization

  B.discovering gene interactions

  27. Which of the following is true of the Bilski case?

  C.drawing pictures of genes

  [A] Its ruling complies with the court decisions

  D.identifying human DNA

  [B] It involves a very big business transaction

  34.By saying “each meeting was packed”(line4,para6)the author means that -----

  [C] It has been dismissed by the Federal Circuit

  A.the supreme court was authoritative

  [D] It may change the legal practices in the U.S。

  B.the BIO was a powerful organization

  28. The word “about-face” (Line 1, Para 3) most probably means

  C.gene patenting was a great concern

  [A] loss of good will

  D.lawyers were keen to attend conventiongs

  [B] increase of hostility

  35.generally speaking ,the author’s attitude toward gene patenting is----

  [C] change of attitude

  A.critical

  [D] enhancement of density

  B.supportive

  29. We learn from the last two paragraphs that business-method patents

  C.scornful

  [A] are immune to legal challenges

  D.objective

  [B] are often unnecessarily issued

  Text 4

  [C] lower the esteem for patent holders

  The great recession may be over, but this era of high joblessness is probably beginning. Before it ends,

  [D] increase the incidence of risks

  it will likely change the life course and character of a generation of young adults. And ultimately, it is likely to reshape our politics,our culture, and the character of our society for years。

  30. Which of the following would be the subject of the text?

  No one tries harder than the jobless to find silver linings in this national economic disaster. Many said that unemployment, while extremely painful, had improved them in some ways; they had become less materialistic and more financially prudent; they were more aware of the struggles of others. In limited respects, perhaps the recession will leave society better off. At the very least, it has awoken us from our national fever dream of easy riches and bigger houses, and put a necessary end to an era of reckless personal spending。

  [A] A looming threat to business-method patents

  But for the most part, these benefits seem thin, uncertain, and far off. In The Moral Consequences of Economic Growth, the economic historian Benjamin Friedman argues that both inside and outside the U.S. ,lengthy periods of economic stagnation or decline have almost always left society more mean-spirited and less inclusive, and have usually stopped or reversed the advance of rights and freedoms. Anti-immigrant sentiment typically increases, as does conflict between races and classes。

  [B] Protection for business-method patent holders

  Income inequality usually falls during a recession, but it has not shrunk in this one,. Indeed, this period of economic weakness may reinforce class divides, and decrease opportunities to cross them--- especially for young people. The research of Till Von Wachter, the economist in Columbia University, suggests that not all people graduating into a recession see their life chances dimmed: those with degrees from elite universities catch up fairly quickly to where they otherwise would have been if they had graduated in better times; it is the masses beneath them that are left behind。

  [C] A legal case regarding business-method patents

  In the internet age, it is particularly easy to see the resentment that has always been hidden winthin American society. More difficult, in the moment , is discerning precisely how these lean times are affecting society’s character. In many respects, the U.S. was more socially tolerant entering this resession than at any time in its history, and a variety of national polls on social conflict since then have shown mixed results. We will have to wait and see exactly how these hard times will reshape our social fabric. But they certainly it, and all the more so the longer they extend。

  [D] A prevailing trend against business-method patents

  36.By saying “to find silver linings”(Line 1,Para.2)the author suggest that the jobless try to___。

  Text 2 参考答案 26-30题 DDCBA

  [A]seek subsidies from the govemment

  Text 3

  [B]explore reasons for the unermployment

  The Accidental Influentials

  [C]make profits from the troubled economy

  Harvard Business Review  2007 02

  [D]look on the bright side of the recession

  In his best-selling book The Tipping Point, Malcolm Gladwell argues that “social epidemics” are driven in large part by the actions of a tiny minority of special individuals, often called influentials, who are unusually informed, persuasive, or well connected. The idea is intuitively compelling – we think we see it happening all the time – but it doesn’t explain how ideas actually spread。

  37.According to Paragraph 2,the recession has made people_____。

  The supposed importance of influentials derives from a plausible-sounding but largely untested theory called the “two-step flow of communication”: Information flows from the media to the influentials and from them to everyone else. Marketers have embraced the two-step flow because it suggests that if they can just find and influence the influentials, those select people will do most of the work for them. The theory also seems to explain the sudden and unexpected popularity of certain looks, brands, or neighborhoods. In many such cases, a cursory search for causes finds that some small group of people was wearing, promoting, or developing whatever it is before anyone else paid attention. Anecdotal evidence of this kind fits nicely with the idea that only certain special people can drive trends。

  [A]realize the national dream

  In recent work, however, my colleague Peter Dodds and I have found that influentials have far less impact on social epidemics than is generally supposed. In fact, they don’t seem to be required at all。

  [B]struggle against each other

  Our argument stems from a simple observation about social influence: With the exception of celebrities like Oprah Winfrey – whose outsize presence is primarily a function of media, not interpersonal, influence – even the most influential members of a population simply don’t interact with that many others. Yet it is precisely these noncelebrity influentials who, according to the two-step-flow theory, are supposed to drive social epidemics, by influencing their friends and colleagues directly. For a social epidemic to occur, however, each person so affected must then influence his or her own acquaintances, who must in turn influence theirs, and so on; and just how many others pay attention to each of these people has little to do with the initial influential. If people in the network just two degrees removed from the initial influential prove resistant, for example, the cascade of change won’t propagate very far or affect many people。

  [C]challenge their lifestyle

  Building on this basic truth about interpersonal influence, Dodds and I studied the dynamics of social contagion by conducting thousands of computer simulations of populations, manipulating a number of variables relating to people’s ability to influence others and their tendency to be influenced. Our work shows that the principal requirement for what we call “global cascades”– the widespread propagation of influence through networks – is the presence not of a few influentials but, rather, of a critical mass of easily influenced people, each of whom adopts, say, a look or a brand after being exposed to a single adopting neighbor. Regardless of how influential an individual is locally, he or she can exert global influence only if this critical mass is available to propagate a chain reaction。

  [D]reconsider their lifestyle

  31.By citing the book The Tipping Point, the author intends to

  38.Benjamin Friedman believe that economic recessions may_____。

  [A]analyze the consequences of social epidemics

  [A]impose a heavier burden on immigrants

  [B]discuss influentials’ function in spreading ideas

  [B]bring out more evils of human nature

  [C]exemplify people’s intuitive response to social epidemics

  [C]Promote the advance of rights and freedoms

  [D]describe the essential characteristics of influentials。

  [D]ease conflicts between races and classes

  32.The author suggests that the “two-step-flow theory”

  39.The research of Till Von Wachther suggests that in recession graduates from elite universities tend to _____。

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