Netflix, Inc. v. Blockbuster, Inc.

Filing 101

Attachment 15
Declaration of Ashok Ramani in Support of 100 Brief Declaration of Ashok Ramani In Support Of Netflix's Opening Claim-Construction Brief filed byNetflix, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7.1# 8 Exhibit 7.2# 9 Exhibit 7.3# 10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10# 13 Exhibit 11# 14 Exhibit 12# 15 Exhibit 13)(Related document(s)100) (Ramani, Ashok) (Filed on 12/6/2006)

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Netflix, Inc. v. Blockbuster, Inc. Doc. 101 Att. 15 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 1 of 32 EXHIBIT 13 Dockets.Justia.com Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 1 of 31 Page 2 of 32 Entry printed from Oxford English Dictionary Online Copyright © Oxford University Press 2006 in, prep. SECOND EDITION 1989 ( n) Forms: . 1- in; also 3 Orm. inn, 5 yn(e, ynne. . 2-6 i, i-, 3-4 y, 6i'. [Common Teut. = OFris., OS., OHG., Goth. in, ON. í (Sw., Da. i), cognate with L. in, Gr. . In OE., in all those texts in which the word occurs, the full form in is used, but in early ME. the apocopated i became common in certain dialects. In the Ormulum, inn ( = in) is employed before vowels and h, and i before all consonants except h. Early southern texts, such as the Lamb. and Cott. Homilies, Juliana, St. Kath., St. Marher., Ancr. R., etc., show a similar tendency, but with more or less irregularity, the MSS. often differing in this respect; on the whole, i is preferred when the prep. precedes the definite article or the demonstrative pronouns, as i e, i is, i at. In some of these texts (Ancr. R., Lamb. Hom.) the relations of the two forms are further complicated by the use of INE, which also appears (e.g. in Ayenb., Owl & Night., Shoreham) where i is rare or altogether wanting. The prevalence of i in these southern texts suggests that Ormin's use of this form was not due to Scandinavian influence, especially as northern writers (including Scottish down to 1600) always employed in, though i' is common in the modern dialects. In standard English from the time of Chaucer in has been the normal form; but former colloquial usage is sometimes retained in verse in the combination i' th', or as an archaism in i' faith. c1175 Lamb. Hom. 79 e uisces i e wetere and fu eles i e lufte. c1200 ORMIN Ded. 5 Bro err min i Godess hus. Ibid. 506 To serrvenn i e temmple. c1205 LAY. 1231 Bi ende France i et west. a1240 Sawles Warde in Cott. Hom. 245, I is hus is e huse lauerd. 1610 SHAKES. Temp. I. ii. 84 All hearts i' th state. Ibid. 130 Ith' dead of darkenesse. Ibid. II. i. 147 I' th' Commonwealth. a1734 [see 29]. 1785 BURNS Vision I. ii, Whan the day had clos'd his e'e, Far i' the west. 1855 BROWNING Bp. Blougram's Apol. 2 Cool i'faith! We ought to have our Abbey back you see.] General Sense: The preposition expressing the relation of inclusion, situation, position, existence, or action, within limits of space, time, condition, circumstances, etc. In ancient times, expressing also (like L. in) motion or direction from a point outside to one within limits; the two senses being determined by the case of the word expressing the limits, the former taking the dative (originally locative), the latter the accusative or case of direction. These cases being subsequently levelled, this distinction ceased to be practicable, and the latter relation is now ordinarily expressed by the compound in-to, INTO; but there are various locutions in which (either http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 2 of 31 Page 3 of 32 because the accompanying verb conveys the sense of motion, or through the preservation of an ancient phrase without analysis) in still expresses motion from without to within. In OE. (as in OS. and to some extent in OFris.) the prep. in was displaced by the prep. on (WGer. an, Goth. ana), so that in classical and late WSaxon, and to some extent in other OE. dialects, on was used for both on and in, an emphatic or distinctive sense of `in' being however expressed by innan. (See full details in Dr. T. Miller, OE. Version of Bede, Introd. xxxiii-xliv.) In Anglian, esp. in the north and west, in remained (though, under WSax. influence, often displaced by on in documents); and in ME. the distinction of in and on was gradually restored, though many traces of their former blending still remain. (See sense 2.) The formal coincidence of in with the L. prep. in (with which it is originally cognate) led to its being employed, in translating from L., in senses or uses which were idiomatic in L., but not originally English. These also have affected the current contextual use of the preposition. I. Of position or location. Primarily in (of position) is opposed to out of: anything which is in a given space is not out of it, and vice versa. The compound with-in, is mainly an equivalent of in emphasizing the relation to limits. The simple relation-words nearest in sense to in are at and on, with which in sometimes has common ground, e.g. `in or at Oxford', `in or on a street', `in or on behalf of a man'. In may also have common ground with with, as `to travel in or with a caravan, a railway train, etc.'. 1. a. Of place or position in space or anything having material extension: Within the limits or bounds of, within (any place or thing). May relate to a space of any size, however large or small: e.g. in the universe, in the world, in heaven, in hell, in the earth, in the sea (otherwise on the earth, on the sea, at sea), in a ship, vessel, in a field, wood, forest, desert, wilderness (but on a heath, moor, or common), in (U.S. on) a street, in a house, carriage, box, drawer, nut-shell, drop of water, etc. Also (U.S.) in school, attending a school, receiving education at a school = (U.K.) at school (cf. SCHOOL n.1 1b). In former times in school was also used in Britain in the sense `attending a school': see quot. c1205 s.v. SCHOOL n.1 1b. Also c900 Bæda's Eccl. Hist. (1890) 190/12 Sum leornungmon in scole Scotta cynnes; a1350 Harley Lyrics (1948) 63 Whil y wer a clerc in scole. a700 Epinal Gloss. 549 In curia, in maethlae. c825 Vesp. Psalter viii. 2 Hu wundurlic is noma in in alre eor an. c1175 Lamb. Hom. 7 a children ple eden in ere strete. Ibid. 23 a men e beo in e castel. c1205 LAY. 17490 In an brade uelde. 1297 R. GLOUC. (Rolls) 2 http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 3 of 31 Page 4 of 32 Engelond Iset in e on ende of e worlde as al in e west. c1330 R. BRUNNE Chron. Wace (Rolls) 8253 ey are now saylynge in e se. 1362 LANGL. P. Pl. A. I. 114 Summe in e Eir, and summe in e Eor e, and summe in helle deope. 1426 E.E. Wills (1882) 73 My bachous in Wodestrete. 1470-85 MALORY Arthur X. i, In euery place he asked..after sir Launcelot, but in no place he coude not here of hym. 1551 RECORDE Pathw. Knowl. I. xxvii, The circle is not named to be drawen in a triangle, because it doth not touche the sides of the triangle. 1608 TOPSELL Serpents (1658) 741 Dryed in a furnace. 1653-1756 In the open air [see AIR n. 3b]. 1660 WOOD Life 4 Dec. (O.H.S.) I. 350 His chamber in Merton Coll. a1707 BP. PATRICK Autobiog. (1839) 105, I never saw greater devotion in any countenance. 1711 ADDISON Spect. No. 10 4 Spectators, who live in the World without having anything to do in it. 1818 SHELLEY Rev. Islam X. xv, The fish were poisoned in the streams; the birds In the green woods perished. 1828 SCOTT F.M. Perth ii, Adjacent to Couvrefew Street in which they lived. 1848 J. F. COOPER Jack Tier I. iii. 80 In a vessel is as correct as in a coach, and on a vessel, as wrong as can be; but you can say on board a vessel, though not `on the boards of a vessel'. 1849 MACAULAY Hist. Eng. I. i. 150 The restored wanderer reposed safe in the palace of his ancestors. 1852 DICKENS Bleak Ho. vi, The wind's in the East. 1855 KINGSLEY Heroes, Perseus I. 4 They are..in the open sea. 1873 TRISTRAM Moab viii. 157 An orderly in the doorway. 1898 F. MONTGOMERY Tony 9 In a somewhat crowded train. 1916 `TAFFRAIL' Pincher Martin xiv. 248 `When I was in the old Somerset, in nineteen-nine,' somebody would start the ball rolling, `we had a fellow who' . 1942 Short Guide Gt. Brit. (U.S. War Dept.) 8 The tales of Scott and Robert Louis Stevenson which many of you read in school. 1972 R. QUIRK et al. Gram. Contemp. Eng. 310 He's (= `He attends/is attending school'). He's in school (= (in BrE) `He's actually inside the building not, eg on the playing fields'). b. After in, the article is often omitted, esp. when the function of the place is the prominent notion; as in bed, in chancery, in chapel, in church, in court, in hall, in prison, in school, in town: see the ns. in earth, in sea, follow in heaven, in hell, which are treated like geographical proper names: see c. c1175 Lamb. Hom. 59 In eor e, in heuene is his mahte. a1300 Cursor M. 11793 (Gött.) Alle ai drouned in see. 1389 in Eng. Gilds (1870) 5 Be he in toun o er out of toun. 1398 TREVISA Barth. De P.R. VI. xii. (1495) 196, I suffre not a woman to teche in chyrche. 1593 SHAKES. 3 Hen. VI, III. ii. 70, I had rather lye in Prison. 1675 tr. Machiavelli's Prince (Rtldg.) 297 Strasburg..has a million of florins..in bank. 1744 BERKELEY Siris §77 A large glass every hour..taken in bed. 1852 DICKENS Bleak Ho. ii, In http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 4 of 31 Page 5 of 32 Chancery. Between John Jondyce [etc.]. Mod. Hundreds lay languishing in prison. c. In is used with the proper names of continents, seas, countries, regions, provinces, and other divisions, usually also of large cities, esp. the capital of a country, and of the city or town in which the speaker lives. Cf. AT prep. 2. c900 O.E. Chron. an. 894 a egaderedon a e in Nor hymbrum bu ea & on East Englum. 971 Blickl. Hom. 211 Wæs he..in Italia afeded, in Ticinan ære byri . c1205 LAY. 10712 Wes Allec e king in are temple in Lundenne. a1300 Cursor M. 24765 Willam basterd, at warraid in jngland ful hard. 1526 TINDALE Matt. iv. 13 Jesus..went and dwelte in Capernaum. 1686 F. SPENCE tr. Varilla's Ho. Medicis 176 The worthiest man in Europe. 1841 THACKERAY Gt. Hoggarty Diam. ix, We wished her at Bath; certainly not in London. 1849 MACAULAY Hist. Eng. ii. I. 158 The Presbyterian system was fully established nowhere but in Middlesex and Lancashire. 2. a. = ON (of position). Obs. Partly a reaction from the blending of in with on in OE.; but partly also transl. L. in, and partly due to a different notion in reference to the n. Beowulf (Z.) 1952 Hio sy an well in gum-stole gode mære..breac. a1000 Riddles xli. 98 (Gr.) Ne hafu ic in heafde hwite loccas. a1000 Cædmon's Dan. 723 (Gr.) Engel drihtnes..wrat a in wa e worda erynu. c1250 Meid. Maregr. xlvii, Ho..Sette ir fot in is necke. 1297 R. GLOUC. (Rolls) 6179 Me slou is folc aboute in eche syde. a1300 Cursor M. 8136 An heremite ar ai fand at ham, In at montan. Ibid. 11819 In his heued he has e scall. a1300 etc., In a chair [see CHAIR n. 1]. c1305 St. Andrew 42 in E.E.P. (1862) 99 In e Rode as i louerd deide: ic wole sette e. c1380 WYCLIF Wks. (1880) 457 e pope sitti in his troone. c1430 Pilgr. Lyf Manhode II. xcviii. (1869) 111 at oon bar at oo er in hire nekke. c1449 PECOCK Repr. II. ii. 138 Sette him up an hi e in the eend of a long pole. Ibid. v. 166 Write sum..carect with cole..in the wal. 1480 Robt. Devyll 28 He kneled downe in the floore. a1550 Christis Kirke Gr. xviii, His wyfe hang in his waist. 1607 TOPSELL Four-f. Beasts (1658) 241 The Rider must lay the rains in his neck. 1664 MARVELL Corr. Wks. 1872-5 II. 157 note, Farr from making any favourable impressions in the Tzar. 1692 S. PATRICK Answ. Touchstone 89 Antichrist is long ago in the Throne of the Roman Church. 1701 Stanley's Hist. Philos. Biog. 10 He..spent his Time in the Solitary Top of a Mountain. 1730 A. GORDON Maffei's Amphith. 42 Flattering Fame is..generally in the magnifying Side. http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 5 of 31 Page 6 of 32 b. = AT. Obs. 1647 CLARENDON Hist. Reb. VI. §85 Then was the General..in the head of his Regiment..shot in the thigh. 1653 HOLCROFT Procopius 20 The Barbarians came up close, with Gelimer in the head of them. 1671 MILTON P.R. I. 98 Ere in the head of nations he appear. 3. In is now regular with collectives thought of as singular (in an army, a crowd); among with plurals, or collectives thought of as plural (among the people); but through Latin influence in was formerly used also with plurals. c825 Vesp. Psalter lxvi. 3 æt we oncnawen..in allum iodum hælu in. a900 CYNEWULF Crist 195 in Exeter Bk., en strengre is æt ic..scyle..lif an si an fraco in folcum. c950 Lindisf. Gosp. Luke i. 28 ebloedsad u in wifum. c1380 WYCLIF Sel. Wks. III. 445 Freris wold not here is publischt in e pepul. 1388 Ps. lxvi. 3 [lxvii. 2] That we knowe thi weie on erthe, thin heelthe in alle folkis. 1535 COVERDALE Judith viii. 21 Seinge ye are the honorable and elders in the people of God. 4. With numerals, nouns of quantity, and the like, expressing ratio or rate. Esp. of a gradient. 1598 W. PHILLIPS Linschoten (1864) 171 Commonly worth fiue and twenty or thirty in the hundred profit. a1613 OVERBURY Char., Creditour Wks. (1856) 161 He takes ten groats i' th' pound. 1703 MOXON Mech. Exerc. 239 Dearer..by about six Shillings in a Thousand. 1726 LEONI tr. Alberti's Archit. I. 74/1 A very good Rise for a slope is half an inch in every three foot. 1732 NEAL Hist. Purit. I. Pref. 7 Not one beneficed clergyman in six was capable of composing a sermon. 1761 WESLEY Jrnl. 23 June (1827) III. 62 Ninety-nine in a hundred were attentive. 1830, etc. [see ONE 5b]. 1840 [see GRADE n. 10]. 1861, 1868 [see GRADIENT n. 1]. 1869 Bradshaw's Railway Manual XXI. 318 The gradients and curves are generally favourable, the steepest gradient being 1 in 82 . 1892 Law Times XCII. 147/1 A debtor..offered 6s. 8d. in the pound. 1923 Michelin Guide Gt. Brit. (ed. 7) facing p. 277, Gradients on roads are shown thus:..1 in 20 to 1 in 14. 1 in 14 to 1 in 10. 1 in 10 and over. 1973 E. COURSE Railways S. Eng.: Main Lines i. 29 Over the nineteen and a half miles from Redhill to Tonbridge the maximum gradient was 1 in 250. 5. a. Defining the particular part of anything in which it is affected. a1225 Ancr. R. 112 A lutel ihurt i en eie derue more en de a muchel i e hele. a1300 Cursor M. 7224 Man aght to dred e brand at brint him http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 6 of 31 Page 7 of 32 forwit in his hand. Ibid. 12184 Leui was wrath..And gaf him in e heued a dint. a1533 LD. BERNERS Huon cxlviii. 558 Huon..kyst her in the mouth. a1618 RALEIGH Prerog. Parl. (1628) 45 He was knock't in the head by Parliament. a1626 MIDDLETON More Dissemblers V. i, There's many..Whom I have nipp'd i' th' ear. 1703 MOXON Mech. Exerc. 36 You must mend it in that place. 1795 Hist. in Ann. Reg. 70 A masked battery took them in flank. 1858 CARLYLE Fredk. Gt. IX. ix. II. 491 King of the Two Sicilies..whom Naples, in all ranks of it, willingly homages as such. 1898 Tit-Bits 17 Sept. 484/1 The horse..is blind in one eye. b. In phrases implying incidental distribution, e.g. in parts, in places. 1905 [see CURATE 2b]. 1922 D. H. LAWRENCE England, my England 132 And I sensed I was a prisoner, for the snow was everywhere deep, and drifted in places. 1924 A. D. SEDGWICK Little French Girl II. v, The long iron staircase down the face of the cliff was almost as steep as a fire escape in places. 1973 Listener 8 Feb. 167/2 The Appeal Court..found the [Warhol] film dull, dreary, and offensive in parts. 6. Expressing relation to that which covers, clothes, or envelopes, its material, its colour, etc., = clothed in, wearing, enveloped in, bound in, etc.: as a lady in a court dress, in a Gainsborough hat, in muslin, in mourning, in white, in curl-papers, a man in armour, in slippers, in a wig, a parcel in brown paper, etc. (in ARMS, and other idiomatic uses: see the substantives.) Cf. also 13b. a1000 Cædmon's Exod. 212 (Gr.) Sæton æfter beor um in blacum reafum. a1240 Wohunge in Cott. Hom. 277 Poure u wunden was irattes and i clutes. c1300 Havelok 1767 Comes a ladde in a ioupe. 13.. Coer de L. 5616 Our Crystene men ben armyd weel Both in yren and in steel. c1386 CHAUCER Knt.'s T. 1261 Som wol ben armed in an haubergeon And in bristplate and in a light gypon. c1430 Life St. Kath. (1884) 17 e company of martirs clothed alle in purpul. 1581 J. BELL Haddon's Answ. Osor. 28b, The same was gaynsayd by some men in armes. 1710 ADDISON Tatler No. 221 1 A little Boy in a black Coat. 1843 Blackw. Mag. LIV. 195 A lovely girl in mourning is sitting. 1843 Fraser's Mag. XXVIII. 324 A lady in black velvet is seated. 1868 DICKENS Uncomm. Trav. xx, A compactly-made handsome man in black. 7. The physical sense of location often passes into one more immaterial; e.g. in a book, in an author, come to mean `in the course of the narrative or subject' of the book, or the writings of the author; in a company, college, association, or party, in the army, the navy, and the like, become = http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 7 of 31 Page 8 of 32 `belonging to, or in the membership of the company, party, the army', etc. in COMPANY, in LEAGUE, etc.: see the ns. c890 O.E. Chron. an. 878 ara monna e in am here weor uste wæron. c1175 Lamb. Hom. 7 is wite ede dauid..in e saltere. a1225 Ancr. R. 400 Ase he sei uruh Sein Johan i e Apocalipse. 1297 R. GLOUC. (Rolls) 56 We ssulle her after in ise boc telle of al is wo. c1340 Cursor M. 15563 (Fairf.) We salle ga in company & suffre ba e a sare. c1460 Towneley Myst. xvi. 202 Syrs, I pray you inquere in all wrytyng, In vyrgyll, in homere, And all other thyng Bot legende. 1548 LATIMER Ploughers (Arb.) 17 All thinges that are written in Goddes boke. 1657 BP. KING Poems III. ix. (1843) 90 Let it no more in History be told. 1662 STILLINGFL. Orig. Sacr. III. ii. §5 So true is that of Balbus in Tully when he comes to discourse of the Nature of God. 1709 ADDISON Tatler No. 131 11 A Friend of mine in the Army. 1849 MACAULAY Hist. Eng. iii. I. 325 The place of the clergyman in society had been completely changed by the Reformation. 1887 A. GILCHRIST in Century Guild Hobby Horse 13 Eblis in the Koran, Cain in the Bible are scarce so black as this royal phantom in his Escurial. 1890 Law Times Rep. LXIII. 685/2 The plaintiff applied for shares in this company. 8. With non-physical realms, regions of thought, departments or faculties of the mind, spheres of action, etc., treated as having extension or content. c888 K. ÆLFRED Boeth. i, Se wæs in boccræftum & on woruld eawum se rihtwisesta. a1000 Cædmon's Dan. 732 (Gr.) Sohton a swi e in sefan ehydum. a1225 Leg. Kath. 607 In hire mod inwi . c1300 Havelok 122 Sho is mikel in mi ouht. c1400 Three Kings Cologne xiv. 50 if e werkis of god my t be comprehendit in mannys wit or reson. c1470 HENRY Wallace I. 2 Hald in mynde thar nobille worthi deid. 1601 CORNWALLYES Ess. II. xlv, In no course is it more behovefull then in the life of a Souldier. 1645 FULLER Good Th. in Bad T. (1841) 33, I discover an arrant laziness in my soul. 1670 SIR S. CROW in 12th Rep. Hist. MSS. Comm. App. v. 16 In my opinion a better designe. a1770 JORTIN Serm. (1771) IV. vi. 114 A faith which dwells in the memory hath no influence on the heart. 1826 J. WILSON Noct. Ambr. Wks. 1855 I. 240 How canst thou thus in fancy burn with fruitless fires? 1849 MACAULAY Hist. Eng. vi. II. 39 All the thirty were in politics vehemently opposed to the prisoner. II. Of situation, condition, state, occupation, action, manner, form, material, and other circumstances and attributes. 9. a. Of situation, i.e. kind or nature of position: e.g. in the dust, in the mud, in snow, in clover, in hot water. Often idiomatic: see the ns. http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 8 of 31 Page 9 of 32 a900 CYNEWULF Crist 561 in Exeter Bk., In cwic-susle ehynde & ehæfte. c1175 Lamb. Hom. 47 Ieremie e prophete stod..in e uenne up to his mu e. 12.. Relig. Songs in Wright Owl & Night. (Percy Soc.) 75 Ich schal bernen in fur and chiverin in ise. 1382 WYCLIF Job xlii. 6 Therfore I myself repreue me, and do penaunce in dead cole and askis. 1481 CAXTON Godfrey cci. 293 Habandouned in ordure and fylthe. 1592 SHAKES. Ven. & Ad. 94 She bathes in water. 1697 DRYDEN Virg. Georg. III. 548 A hilly Heap, seven Cubits deep in Snow. Ibid. IV. 545 The sacred Altars are involv'd in Smoak. 1765 MRS. HARRIS in Priv. Lett. Ld. Malmesbury (1870) I. 125 We are kept, to use the modern phrase, in hot water. 1849 TENNYSON In Mem. Prol. iii, Thou wilt not leave us in the dust. 1886 Law Times LXXX. 166/2 Hall..found his working about eighteen inches deep in water. b. Situation expressed by material instruments: e.g. in bonds, chains, fetters, leading-strings, in a cord, a leash, a rope, a string, etc. a1200 Moral Ode 289 In o lo e biende. c1200 ORMIN 19975 Inn hiss cwarrterrne i bandess. c1300 Beket 15 Al in feteres and in other bende. 1382 WYCLIF Isa. xlv. 14 Bounde in manycles thei shul wende. 1590 SPENSER F.Q. I. i. 4 And by her, in a line, a milkewhite lambe she lad. 1611 BIBLE Job xxxvi. 8 If they bee bound in fetters, and be holden in cords of affliction. 1712 STEELE Spect. No. 504 5, I am to be hang'd in chains. 1862 C. HUDSON in Peaks, Passes & Glaciers Ser. II. I. 209 During the descent..Melchior, Tuckett, and I, who were in the same cord with them, were..obliged to stop until they got down some of the more difficult rocks. c. Situation as to light, darkness, and atmospherical environment. Beowulf (Z.) 87 Se ellengæst..se e in ystrum bad. a1225 Juliana 31 As ha rinne wes i eosternesse. a1300 Cursor M. 17811 (Gött.) e folk in dedeli mirknes stad. 1382 WYCLIF Isa. ii. 5 Go wee in the li t of the Lord oure God. 1553 T. WILSON Rhet. (1580) 160 Gropyng in the dark. 1605 SHAKES. Macb. I. i. 2 When shall we three meet again? In Thunder, Lightning, or in Raine? 1648 BP. HALL Breath. Devout Soul xxix. 46 An inheritance in light: In light incomprehensible, in light inaccessible. 1697 DRYDEN Virg. Georg. III. 135 His thick Mane..dances in the Wind. Ibid. 473 Where basking in the Sun-shine they may lye. 1855 MACAULAY Hist. Eng. xxi. IV. 593 Privateers and smugglers who put to sea in all weathers. 1887 Spectator 27 Aug. 1148 Planting his potatoes in the rain. d. Situation within the range of sensuous observation or the sphere of http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 9 of 31 Page 10 of 32 action of another. in the eyes of: see EYE n. 4c, d. 1388 WYCLIF Ezek. ix. 5 He seide to hem in myn heryng. a1425 in Rel. Ant. I. 230 He is God, that all thinge made, and all thinge hath in his power. c1460 Towneley Myst. i. 15 All is in my sight. 1667 MILTON P.L. III. 655 Those seav'n Spirits that stand In sight of God's high Throne. 1780 COWPER Table T. 97 There..the group is full in view. 1860 TROLLOPE Framley P. I. i, The living of Framley was in the gift of the Lufton family. 10. a. Of condition or state, physical, mental, or moral: e.g. in a blaze, in debt, in doubt, in comfort, in health, in hope, in life, in love, in pain, in sickness, in solitude, in sorrow. Also in-work (nonce-wd.), one who has work. c825 Vesp. Psalter ii. 11 eowia dryhtne in e e [L. in timore]. c1175 Lamb. Hom. 59 He makede mon i rihtwisnesse. 1297 R. GLOUC. (Rolls) 328 Him o te, e ymage in is slep tolde him is chance. 1340 Ayenb. 250 er he him reste , er he is in pais. c1350 Will. Palerne 841 He semes bi semblant in sekeness ful harde. c1450 Merlin 71, I am in certeyn of oon thynge, that he farith well and is in hele. 1535 COVERDALE 2 Chron. xxi. 19 He dyed in euell diseases. 1602 2nd Pt. Return fr. Parnass. III. iii. (Arb.) 43 [He] throwes the booke away in a rage. 1666 PEPYS Diary 6 June, All the Court was in a hubbub. 1711 ADDISON Spect. No. 15 6 Her Husband..has been in Love with her ever since he knew her. Ibid. No. 98 1, I am highly pleased with the Coiffure now in Fashion. 1732 T. LEDIARD Sethos II. IX. 273 You are absolutely forbidden speaking to him in private. 1791 MRS. RADCLIFFE Rom. Forest ii, Egad, Master, you're in the right. 1793 BEDDOES Calculus 214 Supposing that the carbon is in a very attenuated state in the blood. 1846 MRS. GORE Eng. Char. 13 No sooner in print, than out of print. The reviews revere him. 1849 MACAULAY Hist. Eng. xiv. III. 482 The sea was in a blaze for many miles. 1924 GALSWORTHY White Monkey I. xii, The out-of-works and the inworks. b. The condition may be expressed by a concrete n.: e.g. in calf, in kid, in cash, in drink, in liquor, in wine, in tears, etc.: see the ns. Cf. also BUD n.1 4, FLOWER n. 10, FOAL n. 1b, IN-CALF a., IN-FOAL a., IN-PIG a., LEAF n.1 3. c1460 Towneley Myst. xii. 111 What, art thou in ayll? a1562 G. CAVENDISH Wolsey (1893) 217 Havyng a great multitude of artifycers and laborers..dayly in wages. 1593 NASHE Christs T. (1613) 25 Sore am I impassioned for the storme thy tranquillity is in child with. 1596 SHAKES. http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 10 of 31 Page 11 of 32 1 Hen. IV, II. iv. 458, I doe not speake to thee in Drinke. 1697 DRYDEN Virg. Past. x. 19 For him the lofty Laurel stands in Tears. 1703 Lond. Gaz. No. 3971/4 Calve-Skins in the Hair. 1704 Ibid. No. 4034/4 John Jackson..aged near 40..in his own Hair. 1754-64 SMELLIE Midwif. I. 400 Women in the first child seldom have after-pains. 1799 J. ROBERTSON Agric. Perth 196 Where the land has not lain for some time in grass. 1813 M. EDGEWORTH Let. 6 Apr. (1971) 10 The coffee tree in red berry... The palm tree in fruit and flower... The banana in fruit. 1847 TENNYSON Princ. Prol. 142 Sweet girl-graduates in their golden hair. 1849 MACAULAY Hist. Eng. i. I. 123 Leaving their castles in ruins. 1866 ROGERS Agric. & Prices I. xxvi. 642 Goats in kid. 1881 SHELDON Dairy Farming 8/1 If the cow is in milk. 1882 [see POD n.2 1]. 1972 Hilliers' Man. Trees & Shrubs 83 Corylus avellana `Contorta'... A winter feature when in catkin. 11. a. Of occupation or engagement: chiefly with nouns of action and vbl. ns. c1205 LAY. 27767 er he heom funde i fihte. a1300 Cursor M. 49 In riot and in rigolage Of all ere liif spend ai e stage. 1340 Ayenb. 7 e ilke et dispende ane zonday and e festes ine zenne and ine hordom. 1502 Privy Purse Exp. Eliz. of York (1830) 52 A servaunt..that cam in message to the Quenes grace. 1628 HOBBES Thucyd. (1822) 19 The Lacedemonians..are already in labour of the war. 1701 Stanley's Hist. Philos. Biog. 10 He..spent his Time..in seriously bemoaning the Follies and Vanity of the World. 1754 HUME Hist. Eng. (1812) I. iii. 163 The King, in pursuance of his engagements, had indeed married Editha. 1838 DICKENS Mem. Grimaldi iv, In search of plunder. 1884 Gd. Words June 400/1 They have..been `in' almost every variety of crime, from petty larceny down to downright murder. b. In the process of, in the act of; in case of: often equivalent in sense to a temporal clause introduced by when, while, if, in the event of. c1400 MANDEVILLE (1839) iii. 19 Wee synne dedly, in schauynge oure berdes. Ibid., Wee synne dedly, in etynge of bestes. 1477 EARL RIVERS (Caxton) Dictes 67 Gladdenesse, whiche encresses daily in me in lernynghe wysdom. ?a1550 Life Fisher in F.'s Wks. (E.E.T.S.) II. p. liii, I am not affraid in gevinge you this counsell to take vpon my owne soul all the damage. 1591 SHAKES. 1 Hen. VI, V. iii. 41 And may ye both be sodainly surpriz'd By bloudy hands, in sleeping on your beds. 1596 Merch. V. III. ii. 320 In paying it, it is impossible I should liue. 1607 Stat. in Hist. Wakefield Gram. Sch. (1892) 58 Leaves word thereof att their http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 11 of 31 Page 12 of 32 howses in theire beinge abrode. 1846 MCCULLOCH Acc. Brit. Empire (1854) II. 217 In estimating the chances which any candidate has of succeeding..no one ever thinks of inquiring into the politics of the tenants. 1864 HOLME LEE In Silver Age (1866) 408 Kindness is not a quality that perishes in the using. Mod. He was drowned in crossing the river. c. After the verb be, and some other verbs, in was formerly used to express the relation of occupation before a verbal n. where it varied with a (A prep. 13), and is now omitted, the vbl. n. functioning as a present participle active. Obs. 1509 HAWES Past. Pleas. (Percy Soc.) 79 Of many floures..A goodly chaplet she was in makynge. 1535 STEWART Cron. Scot. I. 528 Richt quyetlie in hunting he is gone. 1580 LYLY Euphues (Arb.) 367 Camilla, whome he founde in gathering of flowers. 1675 BROOKS Gold. Key Wks. 1867 V. 577 A griping usurer, who was always best when he was most in talking of the world. 1737 WHISTON Josephus, Antiq. V. ii. §2 They went on still in taking the cities. Ibid. IX. xii. §3 He went on in worshipping them. 1808 SOUTHEY in C. C. Southey Life (1850) III. 137 You saw me in London everlastingly at work in packing my books. d. In (varying with A prep. 12) was formerly used with a vbl. n. expressing the action or process to which a thing or person was subjected. (The prep. is now usually omitted, and the vbl. n. functions as a present pple., passive in meaning: e.g. while the ark was (in or a) building (= in the process of building, being built). Obs. or arch. c1400 MANDEVILLE (Roxb.) vi. 21 When e toure of Babilon was in makyng. 1465 MARG. PASTON in P. Lett. No. 533 II. 250 Whille the logge at Heylesdon was in the betyng down. a1535 FISHER Serm. Passion Wks. (1876) 427 So the grasse is euer in eatyng, and neuer full eaten. 1620 Frier Rush 36, I haue a new Church in building. 1699 in Picton L'pool Munic. Rec. (1883) I. 326 New streets are built and still in building. 1869 FREEMAN Norm. Conq. III. xi. 45 While the symbolic act was in doing. 12. a. Of manner (way, mode, style, fashion). 1297 R. GLOUC. (Rolls) 1473 In is manere e brutons is lond wuste o. c1305 Pilate 56 in E.E.P. (1862) 112 er ne mi te so neuere non beo in none wise. c1489 CAXTON Sonnes of Aymon xvi. 380 In lyke wyse dyde Alarde. 1559 BP. SCOT Sp. Parl. in Strype Ann. Ref. (1824) I. App. vii. 408 Every man..sholde..at large speke his mind in conscience in the http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 12 of 31 Page 13 of 32 contents of all the bills. 1608 W. SCLATER Comm. Malachy (1650) 196 The things there spoken of cannot in any hand agree to Elias. 1654 CROMWELL Let. 20 Jan. in Carlyle, What can be made out in this kind? 1691 T. H[ALE] Acc. New Invent. 62 In the manner anciently used. 1706 tr. Dupin's Eccl. Hist. 16th C. II. III. iv. 81 Begging him to take this their Remonstrance in good part. 1737 WHISTON Josephus, Antiq. II. i. §1 He was, in way of jest, called Adom. 1833 H. MARTINEAU Berkeley the Banker I. IV. 92 He told several people in confidence. 1849 MACAULAY Hist. Eng. v. I. 619 He begged in piteous terms that he might be admitted to the royal presence. 1859 JEPHSON Brittany v. 54 The baptistery has been restored in Renaissance. b. Of form, shape, conformation, arrangement, order. [The OE. example has the accusative.] a900 CYNEWULF Crist 725 in Exeter Bk., a he..wæs in cildes hiw cla um biwunden. c1400 MANDEVILLE (Roxb.) iv. 12 In likness of a dragoun. 1572 J. BOSSEWELL Armorie III. 7 Fiue Plates in crosse. 1598 SYLVESTER Du Bartas II. II. iii. Colonies 391 That vast Extent, where now fell Tartars hant In wandring troops. 1602 SHAKES. Ham. III. iv. 210 When in one line two crafts directly meet. 1605 Lear III. vi. 31 The foul fiend haunts poor Tom in the voice of a nightingale. 1667 MILTON P.L. III. 641 Under a Coronet his flowing haire In curles on either cheek plaid. Ibid. VII. 459 Among the Trees in Pairs they rose. 1694 LUTRELL Brief Rel. (1857) III. 292 The agent..is gone aside, and hath carried with him 2000£ in money belonging to the troop. 1710 ADDISON Tatler No. 221 2 Whether I had best sell my Beetles in a Lump or by Retail. 1776 MICKLE tr. Camoens' Lusiad 339 He gives the prelude in a dreary sound. 1807 SOUTHEY Espriella's Lett. II. 395 Did he, contrary to the ordinary process, begin in rogue, and end in enthusiast? c1820 S. ROGERS Italy, Advent, A hawk Flew in a circle, screaming. 1843 Fraser's Mag. XXVIII. 695 A cloak falls in easy folds down his back. 1855 MACAULAY Hist. Eng. xvi. III. 684 Within a few hours and a few acres had been exhibited in miniature the devastation of the Palatinate. 1891 Law Rep. Weekly Notes 82/2 A land company, who afterwards sold the adjoining land in building plots. 1895 Scot. Antiq. X. 79 In singles or in pairs men began to put in an appearance. c. Of manner of speech or writing. c900 tr. Bæda's Hist. IV. xxiv. [xxiii.] (1890) 332 Heo.. ewat to ære ceastre, e in Englisc is ehaten kwelcaceaster. 1297 R. GLOUC. (Rolls) 2430 e heye god at in vre tonge woden icluped is. c1315 SHOREHAM 122 Hy makede joye in hare manere And eke in hare langage. c1400 http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 13 of 31 Page 14 of 32 MANDEVILLE (Roxb.) ii. 5 e table..on e whilk e tytle was writen in Hebrew, in Grew and in Latyne. 1542 UDALL Erasm. Apoph. 106a, An herbe called..in latin, Beta. 1680 EVELYN Diary 2 Sept., The discourse is in High Dutch. 1776 Trial of Nundocomar 22/2 Sometimes he wrote the bonds..in Nagree, sometimes in Bengal. 1833 H. MARTINEAU Vanderput & S. i. 3 He..spoke in a strong French accent. 1845 M. PATTISON Ess. (1889) I. 13 Bede is writing in a dead language, Gregory in a living. d. Often dependent upon a superlative or a commendatory epithet: within the sphere of (a particular class or order of things). colloq. 1866 RUSKIN Crown Wild Olive ii. §53 The newest and sweetest thing in pinnacles. 1879 [see THING n.1 7]. 1911 W. J. LOCKE Glory of Clementina Wing ii, I may not be the latest thing in dandyism. 1966 G. N. LEECH Eng. in Advertising ix. 92 ABC: the first name in entertainment. 1974 Radio Times 3 Jan. 58/1 The most dazzling cruises in holiday history. 13. Of means or instrumentality: now usually expressed by with. Illustration of earlier uses. (Often a literalism of translation.) Obs. a. c825 Vesp. Psalter ii. 9 u reces hie in erde iserre [L. in virga ferrea]. a1300 E.E. Psalter ibid., In yherde irened salt ou stere a. 1382 WYCLIF 1 Cor. iv. 21 Shal I come to ou in a erd: or in charite? c1450 tr. De Imitatione III. xlviii. 119 an shal Iherusalem be serched in lanternes. 1503 Act 19 Hen. VII c. 4 §3 No persone..shall occupie or shote in eny Crosebowe. 1580 LYLY Euphues (Arb.) 445 It more delighteth them to talke of Robin hood then to shoot in his bowe. 1693 J. DRYDEN, JUN. in Dryden's Juvenal (1697) 367 Penelope knew which of her Suitors cou'd shoot best in her Husband's Bow. 1753 CHESTERFIELD Lett. (1792) IV. ccxcix. 19 Getting drunk in Port. 1804 Naval Chron. XIII. 147 A French Ship..ballasted in mahogany. b. Uses in which the senses of in (on) and with (by) are both present: e.g. to cover in or with any envelope. c900 tr. Bæda's Hist. IV. xxiv. [xxv.] (1890) 346 He eal a he in ehyrnesse eleornian meahte, mid hine emynd ade. a1225 Leg. Kath. 1035 In is an ing he schawde.. et he wes so godd. a1340 HAMPOLE Psalter xvii. 48 In herynge of ere he boghed til me. c1440 Jacob's Well (E.E.T.S.) 137 ou wylt wretthe god in brekyng e halyday. 1609 BIBLE (Douay) 1 Sam. xviii. 6 The wemen came..singing and dancing..in timbrels of joy, and in cornettes. 1621 BURTON Anat. Mel. III. ii. III. iv. (1651) 495 Whom Iuno for pitty covered in her Apron. 1697 DRYDEN Virg. Georg. IV. 19 Progne, with her Bosom stain'd in Blood. 1880 http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 14 of 31 Page 15 of 32 CHURCH Spenser v. 137 He drowns us in words. c. Here may be added the use of in after eat, drink, pledge, etc. Also = (eat or drink) out of. 1593 SHAKES. 2 Hen. VI, II. iii. 60, I drinke to you in a Cup of Sack. 1621 BURTON Anat. Mel. II. iii. III. (1651) 323 A poor man drinks in a wooden dish, and eats his meat in wooden spoons. 1711 ADDISON Spect. No. 15 4 Whether they keep their coach and six, or eat in plate. 1742 FIELDING J. Andrewes IV. ii, He was drinking her ladyship's health below in a cup of her ale. 14. Of material, constituents, and the like. 1663 GERBIER Counsel 94 They paint them also in strong oyle colour thrice over. 1686 tr. Chardin's Trav. 75 Our Ships Lading consisted in Salt, Fish, Caveare, Oyle, Biscuite. 1710 ADDISON Tatler No. 243 1 The Statue of an Horse in Brass. 1722 DE FOE Col. Jack (1840) 23 It was in gold, all but 14s. 1852 DICKENS Bleak Ho. vi, Half-length portraits, in crayons. 1891 Truth 10 Dec. 1240/2 The long coat was also in green velvet, with sleeves and revers in green cloth. 15. Of degree, extent, measure. c1380 WYCLIF Sel. Wks. III. 510 Cristene men..shulde have discerved most ank of God in degre possible to hem. 1601 SHAKES. Twel. N. I. v. 61 Misprision in the highest degree. 1649 CROMWELL Let. to W. Lenthall 14 Nov. in Carlyle, Only, in the general, give me leave humbly to offer [etc.]. 1667 MILTON P.L. v. 490 Differing but in degree, of kind the same. 1696 Dupin's Eccl. Hist. 16th C. I. 54 In the main they agree with ours. 1737 L. CLARKE Hist. Bible (1740) I. IX. 585 Without being in the least discouraged. 1843 Fraser's Mag. XXVIII. 647 Tears fell in profusion. 1845 STEPHEN Comm. Laws Eng. (1874) I. 79 Any act repealing in whole or in part any former statute. 1875 F. HALL in Lippincott's Mag. XVI. 750/1 Drift-wood was lying about in large quantities. 16. Expressing object, aim, or purpose: with an abstr. n., as in affirmation, answer, denial, memory, honour, proof, quest, recompense, reply, return, reward, scorn, search, testimony, token, witness, worship, etc. See farther under the ns. It is possible that the object here was orig. accusative, and that these expressions came under sense 31. http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 15 of 31 Page 16 of 32 a1225 Ancr. R. 30 In hore wur shipe sigge o er les o er mo. 1297 R. GLOUC. (Rolls) 466 Brut..let vair tabernacle in honur of him rere. c1315 SHOREHAM 131 In tokne that pays scholde be. c1400 MANDEVILLE (1839) iv. 31 In the worschipe of hem there is a fair chirche. 1526 Pilgr. Perf. (W. de W.) 1 Diuyded in to thre bokes, in the honour of the Trinite. 1667 MILTON P.L. IX. 552 She thus in answer spake. 1713 ADDISON Cato I. ii, I claim in my reward his captive daughter. 1805 SCOTT Last Minstr. IV. xii, Loudly the Beattison laughed in scorn. 1821 J. F. COOPER Spy viii, He went in quest of his new applicant. Mod. A holiday in honour of the event. He has written to the newspaper in reply to his assailant. 17. Expressing reference or relation to something: In reference or regard to; in the case of, in the matter, affair, or province of. Used especially with the sphere or department in relation or reference to which an attribute or quality is predicated: see 33b, c, 34-36. 18. With a following n. forming attrib. phrases: in-car, within a car; incareer, of training, etc., received while in employment; in-churn, of a method of machine-milking direct into a churn; in-company, of training, etc., received while in the employment of a company; in-depth (see DEPTH I. 3c); in-person (cf. PERSON n. 11); in-pile, within a nuclear reactor; inplant, within a `plant' or factory; in-process (cf. PROCESS n. 1), of any activity, etc., that is in process; in-process gauging (see quot. 1968); insack, within a sack; in-service (cf. SERVICE n.1 1), of training, etc.: received by a person while engaged on some activity; of an object: relating to its reliability, maintenance, etc., while in use. Cf. IN-COLLEGE a. (Cf. analogous uses mentioned near end of IN- prefix1). 1968 N.Y. Times 7 Apr. 1/4 The sound problem was eventually solved with in-car speakers. 1971 Daily Tel. (Colour Suppl.) 4 June 39/1 These damp cloths are part of something the manufacturers..don't seem to have heard of; in-car luggage. They seem to think you can put everything in the boot. 1973 Times 13 Feb. 24/1 A Lucas spokesman said yesterday: `I can confirm that we shall be entering the in-car entertainment market this year.' 1968 New Scientist 3 Oct. 31/2 Whether in-career re-education will be best inside or outside universities is a matter for debate. 1970 Physics Bull. June 242/2 The engineers' survey..includes unemployment and incareer training as well as remuneration figures. 1970 Nature 28 Nov. 814/2 In-career retraining may become very important in the future. http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 16 of 31 Page 17 of 32 1955 J. G. DAVIS Dict. Dairying (ed. 2) 745 Probably the most important development has been the introduction of the `In-Churn System'. Inchurn milking passes the milk direct from the cow to the churn. Ibid., Inchurn recording..is carried out by means of weighing scales. Ibid., Inchurn cooling. 1960 Farmer & Stockbreeder 16 Feb. 39/3 This new..unit..provides you with modern in-churn milking. 1966 Ann. Rep. Travelers Insurance Co. (Hartford, Conn.) 1966 26/2 Our in-company training programs. 1969 Timber Trades Jrnl. 13 Dec. 35/2 There were twin pillars to training in-company training and, for young people in particular, further education. 1970 Times 28 Apr. 26/7 Having already completed most of the in-company training for the introduction of decimalization. 1955 L. FEATHER Encycl. Jazz i. 21 Although the white jazzmen rarely found opportunities for expressing themselves freely on `in-person' jobs, the work..on..recording sessions compensated. 1957 S. DANCE in S. Traill Concerning Jazz 37 No experience of jazz can be so exciting or so illuminating as the in-person performance. 1959 Spectator 9 Oct. 469/1 On any one TV appearance Macmillan and Gaitskell must have been seen by more people than the sum total audience of their in-person tours. 1972 Jazz & Blues Nov. 18/1 Her recordings and in-person work illustrate that she is an artist who is always willing to experiment. 1960 Times Rev. Industry Dec. 16/2 Zirconium..is useful for `in-pile' equipment, such as fuel element supports, tubes for control equipment, flexible hose and packing pieces. 1961 Times 10 May 2 The work includes: out-of-pile and in-pile testing. 1963 B. FOZARD Instrumentation Nucl. Reactors iii. 33 The second type of measurement is made with in-pile detectors. 1943 Atlantic Monthly Sept. 55 Few of them participate in in-plant training and upgrading programs. 1958 Technology Feb. 414/2 The proportion of in-plant to total training is..low. 1959 Times 5 Feb. 2/5 They involve an application of this industry in in-plant technical scale studies. 1967 Jane's Surface Skimmer Systems 1967-68 62/2 The power source can be an in-plant air supply system or [etc.]. 1971 Timber Trades Jrnl. 21 Aug. 26/3 In-plant treatment will now be extended to other `1800' components. 1925 Nat. Assoc. Cost Accountants Yearbk. 24 Divide the average `in process' inventories into the amount of transfers to finished stores. 1967 http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 17 of 31 Page 18 of 32 New Scientist 20 Apr. 140/1 In-process gauging, on the machine tool itself, could halt..appalling waste. 1968 Gloss. Terms Air Gauging (B.S.I.) 13 In-process gauging, gauging carried out during processing, e.g. measurement of a workpiece whilst it is being machined. 1971 Computers & Humanities VI. 41 In-process corrections, however, are very difficult to make since holes cannot be erased. 1971 Gloss. Terms Quality Assurance (B.S.I.) 6 In-process inspection, product inspection carried out at various discrete stages in manufacture. 1958 Times 24 Nov. 15/4 For drying grass seed.., the in-sack drier had many advantages. 1960 Farmer & Stockbreeder 23 Feb. 100/1 (Advt.), Heat for..in-sack grain drying. 1928 Rep. Comm. Educ., U.S. Dept. Interior 30 June 6 The movement for improving preservice and inservice training of teachers for rural schools. 1960 Guardian 13 July 5/4 Development of in~service training..for staff nurses. 1963 F. F. LAIDLER Gloss. Home Econ. Educ. 48 In-service training, the continuing education and training given to a person after he/she has begun to work in a particular occupation. 1964 M. A. K. HALLIDAY et al. Ling. Sci. 264 He [sc. the primary school teacher] needs an appropriate training in his new task, either during his initial period of training as a teacher or by means of in-service training. 1967 Technology Week 23 Jan. 43/2 (Advt.), Such data may well reveal overdesign or design deficiencies, thus providing opportunities for improvement of safety characteristics, in-service reliability. 1972 Lebende Sprachen XVII. 72/2 The in-service performance of the trio is likely to dictate the specification for production models which are due to appear before the end of 1971. III. Of time. 19. a. Within the limits of a period or space of time. With in the day, in the night: cf. by day, by night, BY prep. 19b. Beowulf (Z.) 2 We Gardena in ear-da um eod-cyninga rym e-frunon. a900 O.E. Chron. an. 709 In foreweardum Danieles da um. 1297 R. GLOUC. (Rolls) 9129 In e sixe & ritti e er of his kinedom. 13.. K. Alis. 85 By cler candel, in the nyght. 1388 WYCLIF Gen. i. 1 In the bigynnyng God made of nou t heuene and erthe. c1400 MANDEVILLE (1839) Prol. 4, I..passed the see, in the eer of oure lord Jhesu crist MCCCXXII. c1500 Melusine lxii. 369 He was neuer in his dayes so aferd. 1588 SHAKES. L.L.L. I. i. 39 One day in a weeke to touch no foode. 1591 Two Gent. http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 18 of 31 Page 19 of 32 III. i. 178 Except I be by Siluia in the night..Vnlesse I looke on Siluia in the day. 1650 TRAPP Comm. Lev. xxvi. 26 Common in times of famine. 1655 STANLEY Hist. Philos. I. (1701) 36/1 Pittacus was..born in the thirty second Olympiad. 1710 STEELE Tatler No. 222 1 Between the Hours of Twelve and Four in the Morning. 1812 T. JEFFERSON Writ. (1830) IV. 176, I think our acquaintance commenced in 1764. 1849 MACAULAY Hist. Eng. iv. I. 490 In the days of the Commonwealth. b. With other ns. implying time. 871-889 Charter in O.E. Texts 452 In issum life ondwardum. a1000 Seafarer 40 (Gr.) In eo u e. a1240 Wohunge in Cott. Hom. 277, I i bur tid. Ibid., I i cildhad. 13.. Coer de L. 4049 A spie, That hadde be Crystene in hys youthe. c1440 Jacob's Well (E.E.T.S.) 277 To styen vp to heuen in oure ende. 1555 EDEN Decades 245 They are neyther bytten with coulde in wynter nor molested with heate in summer. 1732 BERKELEY Alciphr. I. §11, I never saw a first-rate picture in my life. 1825 T. H. LISTER Granby vii. (1836) 43 You must be an archeress in the summer, and a skater in the winter. 1839 THIRLWALL Greece VI. 89 The education of the prince in his childhood. c. With processes occupying time. 1711 ADDISON Spect. No. 126 8 In all our Journey from London to his House we did not so much as bait at a Whig Inn. 1721 Lond. Gaz. No. 5954/1 In the Passage we had bad Weather. 1802 H. MARTIN Helen of Glenross IV. 73 In our descent down life. 1859 J. WHITE Hist. France (1860) 90 All the gentlemen's houses you see in a railway excursion. 20. Of the length of time occupied; in the course of. 1297 R. GLOUC. (Rolls) 1818 er were in a mone [so most MSS.; A has wi inne one mon e] seuentene ousend & mo Ymartred. 1388 WYCLIF Exod. xxxi. 17 In sixe daies God made heuene and erthe. c1400 MANDEVILLE (Roxb.) xxxiii. 148 Men may saile it in seuen days. 1526 TINDALE 1 Cor. xv. 52 We shall all be chaunged..in a moment and in the twincklynge of an eye. 1611 BIBLE Transl. Pref. 11 The worke hath not bene hudled vp in 72 dayes. 1702 Eng. Theophrast. 163 Presumption leads people to infidelity in a trice. 1885 Manch. Exam. 15 May 5/6 From the Gatling Gun..a trail of 1,000 bullets can be discharged in a single minute. Mod. The voyage to America can now be done in less than 7 days. By working hard he could make one in a week. 21. Of a limit of time: before or at the expiration of; within the space of. http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 19 of 31 Page 20 of 32 a1300 Treat. Science (1841) 138 Ther nis non..That evereft i-heled beo, ac deyeth in a stounde. 13.. Seuyn Sag. (W.) 115 In time of seuen yere He sal be wise withowten were. 1513 MORE Rich. III (1641) 210 He dyed in three moneths. 1706 tr. Dupin's Eccl. Hist. 16th C. II. VII. xviii. 261 In Process of Time they might be corrupted. 1782 JOHNSON Let. to Dr. Taylor 8 July, I came back from Oxford in ten days. 1843 Blackw. Mag. LIV. 305, I rallied in a day or two. 1884 Law Times Rep. L. 231/2 Anything put into the defendants' well was certain in time to affect the supply. 22. Formerly (and still sometimes) used, where at, on, during, for are now in use, or where the preposition is omitted. At is now ordinarily used with a point of time, e.g. at this time, at the moment, at day-break, at sunset; on in stating the date of an event, e.g. on the first of May, on Monday next, on a summer morning; during for the course or continuance of a period, for which for is also used, esp. in negative statements, e.g. he has stayed for a week, I have not seen him for a long time. For all these in occurs in earlier or dialectal use. a. = At. c1175 Lamb. Hom. 121 as pine..ure drihten olede..in isse timan. a1225 St. Marher. 2 Wes in e ilke time liuiende.. et eadi meiden. 13.. K. Alis. 403 In the dawenyng He made efte his charmyng. c1440 Gesta Rom. xci. 417 (Addit. MS.) He made this Eyre to sitte with hym..in mete tyme. 1525 LD. BERNERS Froiss. II. cxix. [cxv.] 340 They departed..in the brekynge of the daye. 1604 SHAKES. Oth. I. ii. 94 The Duke in Counsell? In this time of the night? a1715 BURNET Own Time (1823) I. 315 But he..got his offices to be published..in a time when [etc.]. 1807 CRABBE Par. Reg. II. 456 No Sunday shower Kept him at home in that important hour. 1873 HAMERTON Intell. Life VI. ii. 205 When an architect in the present day has to restore some venerable church. b. = on. [The OE. example has the accusative.] a900 O.E. Chron. an. 626 Her Eanfled..wæs efulwad in one hal an æfen Pentecosten. c1175 Lamb. Hom. 81 et me sculde in e ehtu e dei et knaue child embsni en. 1297 R. GLOUC. (Rolls) 8668 In a ores-dai it was. c1400 MANDEVILLE (1839) Prol. 4, I..passed the see..in the day of Seynt Michelle. 1426 in Surtees Misc. (1888) 7 In e Vigil of e Assumpcion of our Lady. 1597 SHAKES. 2 Hen. IV, I. ii. 233 Looke you..that our Armies ioyn not in a hot day. 1806-7 J. BERESFORD Miseries Hum. Life (1826) X. l, In a chilling evening..after you have http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 20 of 31 Page 21 of 32 carefully stirred a very ticklish fire. c. = during. 1713 SWIFT Corr. Wks. 1841 II. 492 In all the time I have been conversant in business, I never before observed [etc.]. 1748 Anson's Voy. II. vii. 209 Captain Mitchel, in the whole time of his cruise, had only taken two prizes. Ibid. viii. 220 The succeeding four months in which we continued at sea. d. = for. (Formerly only in negative sentences.) 1470-85 MALORY Arthur X. xxxvi, He made them to swere to were none harneis in a twelue monethe and a day. 1525 LD. BERNERS Froiss. II. xliv. [lxix.] (1812) 422 If they dranke moche..they coulde not helpe themselfe in two dayes after. 1601 HOLLAND Pliny (1634) II. 379 Wash it not off in three daies. 1669 PEPYS Diary (1879) VI. 1 To Westminster Hall, where I have not been..in some months. 1765 BLACKSTONE Comm. I. v. 228 It had not been practiced in some hundreds of years. 1793 SMEATON Edystone L. §265 They did not come back in some days. 1889 E. SALTUS Tristrem Varick xiv. 152 He was hungry as he had not been in months. 1924 C. MACKENZIE Heavenly Ladder xvi. 223 Mark had never been near his house in a year. 1957 R. A. HEINLEIN Door into Summer (1960) ix. 143 The place smelled like a vault that has not been opened in years. 1971 Daily Tel. 1 June 4/8 The first bridge across the Bosphorus in 2,300 years..is now being built. 1972 `E. MCBAIN' Sadie when she Died xiii. 42 Arlene said that she had not played tennis in three years. 1973 Sci. Amer. Jan. 53/1 When Mariner 9 reached Mars on November 13, 1971, the greatest dust storm in more than a century was raging. e. Where no preposition is now expressed. 1382 WYCLIF Luke i. 75 In hoolynesse and ri tfulnesse bifore him in alle oure dayes. 1523 LD. BERNERS Froiss. I. ccxxxv. 332 In the same euennyng the two marshals..commaunded euery man to drawe to their logynge, and in the next mornyng to be redy at sownyng of the trumpettes. 1603 SHAKES. Meas. for M. IV. iv. 9 Why should wee proclaime it in an howre before his entring? 1726 SWIFT Gulliver I. i, This engine..set out in four hours after my landing. IV. Pregnant uses: sometimes due to ellipsis. 23. With reflexive pronouns: in himself, in itself, etc.: in his or its own http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 21 of 31 Page 22 of 32 person, essence, or nature; apart from any connexion with or relation to others; absolutely. c1200 ORMIN 3041 Jesu Crist Iss..so Godd inn himm sellfenn. 1340 Ayenb. 237 e sacrement et is ymad..be e hand of e kueade ministre ne is na t lesse wor ine himzelue. 1531 TINDALE Exp. 1 John (1537) 7 The scripture abydeth pure in herselfe. 1656 Artif. Handsom. (1662) 178 Suppose Artificial beautifying of the face be not in it self absolutely unlawful. 1843 MILL Logic I. iii. §7 Of things absolutely or in themselves. 1849 RUSKIN Sev. Lamps vii. §5. 189 Neither originality, therefore, nor change..are ever to be sought in themselves. 1870 FREEMAN Norm. Conq. (ed. 2) I. App. 739 The story may be true in itself. 24. In spiritual or mystical union with. c1315 SHOREHAM 2 Ydemyd we bethe In Adam and ine Eve. 1382 WYCLIF 1 Cor. xv. 22 As in Adam alle men dyen, so and in Crist alle men schulen be quykenyd. Rev. xiv. 13 Blessed the deede men, that dien in the Lord. 1548-9 (Mar.) Bk. Comm. Prayer, Communion (Coll. ad fin.), Al our woorkes begonne, continued, and ended in thee. 1745 A. BUTLER Lives of Saints (1836) I. 23 It was their desire that he might follow his vocation in God. 25. In the person or case of. c1380 WYCLIF Sel. Wks. III. 341 e fend..moved e emperour of Rome to dowe is Chirche in is preest. 1470-85 MALORY Arthur IX. xxv, Fy for shame..that euer suche fals treason shold be wrought or vsed in a quene and a kynges syster. 1589 SPENSER F.Q. (Let. to Raleigh), Sir Guyon in whome I sette forth Temperaunce. 1603 SHAKES. Meas. for M. II. iii. That in the Captaine's but a chollericke word, Which in the Souldier is flat blasphemie. 1653 H. MORE Antid. Ath. III. viii. (1712) 111 Which also happen'd in a Maid of his. 1707 Glossogr. Anglic. Nova, Asa foetida,..good against fits in women. 1712 ADDISON Spect. No. 333 7 It was..a..bold Thought in our Author, to ascribe the first Use of Artillery to the Rebel Angels. 1821 CLARE Vill. Minstr. I. 20 Dread no thief in me! 1854 J. SCOFFERN in Orr's Circ. Sc., Chem. 102 This instrument was found in the thermomultiplier of Nobili. 1868 FREEMAN Norm. Conq. II. x. 470 How great a captain England possessed in her future King. 1878 MORLEY Crit. Misc. Ser. I. Carlyle 201 Those who..found in the rules and discipline and aims of that system an acceptable expression for their own disinterested social aspirations. 26. a. Belonging to, as an internal quality, attribute, faculty, or capacity, http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 22 of 31 Page 23 of 32 inherent in; hence, within the ability, capacity, thought, etc. of. a1225 Ancr. R. 166 er e schulen beon ine runge, auh reste and peis is in me. 1377 LANGL. P. Pl. B. XIX. 78 Al e witte of e worlde was in o re kynges. 1388 WYCLIF John i. 4 In hym was lijf. c1400 MANDEVILLE (Roxb.) xxxiv. 156 And I, in at in me es, makez am parceneres of am. 1591 SHAKES. Two Gent. III. i. 179 There is no musicke in the Nightingale. c1600 G. HARVEY in Shaks. C. Praise 30 Shakespeare's..Lucrece, and his tragedy of Hamlet..have it in them to please the wiser sort. 1605 SHAKES. Lear II. iv. 177 'Tis not in thee To grudge my pleasures. a1611 BEAUM. & FL. Maid's Trag. III. i, It is in me to punish thee. 1678 WANLEY Wond. Lit. World V. ii. §16. 469/2 A covetous Pelagian, and one that had nothing of worth in him. 1737 BRACKEN Farriery Impr. (1757) II. 129 As to the Notion..I think there is not much in it. 1775 SHERIDAN St. Patr. Day I. ii, You did not mean any rudeness, did you, Humphrey? Oh No, in deed, miss; his worship knows it is not in me. 1810 Q. Rev. Feb. 193 If a man has it in him, he can do anything any where. 1841 LYTTON Night & Morning (ed. 2) I. I. v. 103, I will work for you day and night. I have it in me. 1846 G. E. JEWSBURY Sel. Lett. to Mrs. Carlyle (1892) 224, I did care for him once, long and well better than I have it in me to care for any man now. 1875 JOWETT Plato (ed. 2) I. 174 To prefer evil to good is not in human nature. Ibid. 332 An enquiry which I shall never be weary of pursuing as far as in me lies. 1889 Nature 11 Apr. 500 Anyone who has it in him to do heroic deeds. 1892 I. ZANGWILL Childr. Ghetto III. 52 That girl's got it in her, I can tell you. She'll take the shine out of some of our West-Enders. 1895 H. JAMES Notebks. (1947) 408, I didn't know I had it in me. 1919 BEERBOHM Seven Men 119 He looked to me to `do something big, one of these days', and that he was sure I had it `in' me. 1924 Isis (Oxf.) 30 Jan. 16/2 He may become a fine actor he has it in him. 1928 FOY & HARLOW Clowning through Life 297, I didn't believe he had it in him. 1938 R. FINLAYSON Brown Man's Burden 79 They didn't think Kay had it in him to do it. 1958 Listener 13 Nov. 786/2 As between draughts and chess this is outweighed by the fact that there is more `in' chess. 1960 M. SPARK Bachelors i. 2 `You must have it in you,' said Ronald, `going all the way to Piccadilly for herbs.' 1973 `E. MCBAIN' Hail to Chief ii. 30 If you could find it in yourself to go over to the hospital and identify your brother. b. nothing, not much, little, etc., in it: little or no difference between competitors or any persons or things that are compared. orig. Racing slang. 1914 in Concise Oxf. Dict. 1927 Observer 18 Dec. 19/3 The first round there was nothing much in it. In the second round Angus..punched Mansfield round the ring. 1929 S. E. THOMAS Elem. Econ. (ed. 4) xxix. http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 23 of 31 Page 24 of 32 523 While in the course of a year Britain imports considerable quantities of gold, she also exports almost equally large quantities, and on balance there is usually very little in it. c. in it: an advantage (to be received from something). Usu. in phr. what was (or is, etc.) in it for (someone). 1963 T. PARKER Unknown Citizen v. 140 He seemed to have an inbred suspicion of any kind of offered help, he wanted to know why people were giving it, what was in it for them. 1968 Guardian 2 Apr. 11/1 The `Washingtonologists' in Moscow must be getting their files out to see what is in it for the Soviet Union and for the world. 1971 `A. GILBERT' Tenant for Tomb ii. 39, I can't see what there was in it for Mrs Plum. 27. In the hands of; in the control or power of; legally vested in. c1460 Towneley Myst. xvi. 92 In me standys lyfe and dede. ?a1500 Cov. Myst. (1841) 311 Alle the poer lyth now in the. a1532 LD. BERNERS Huon lxxxi. 250 You knowe well it is in me to cause Huon to dye. 1607 Stat. in Hist. Wakefield Gram. Sch. (1892) 65 The election..shall be in the Maister and Fellowes of Emanuel Colledge. a1626 BACON Max. & Uses Com. Law (1636) 23 Lands possessed without any such title, are in the crowne, and not in him that first entreth. 1708 New View Lond. II. 484/1 The Living is a Rectory, the Advowson in the Bp. of London. 1837 WHEWELL Hist. Induct. Sc. (1857) I. 30 The government of Greece is in the king. 1884 LD. COLERIDGE in Law Times Rep. L. 45/2 The minerals, therefore, are in the trustees. 28. Partaking, sharing, associated, or actually engaged in. to be in it, to be one of those actually engaged as partners, competitors, etc.; to be in the running, to be a serious competitor, to count for something. 1728 W. CLELAND Let. on Dunciad in Pope's Wks. (Globe) 359 None, it is plain, was so little in their friendships, or so much in that of those whom they had most abused. 1792 Hist. in Ann. Reg. 13 Neither the Count d'Artois..nor Mr. de Calonne were in the secret. 1812 J. H. VAUX Flash Dict. s.v., To let another partake of any benefit or acquisition you have acquired by robbery or otherwise, is called putting him in it: a familyman who is accidentally witness to a robbery, &c., effected by one or more others, will say to the latter, Mind I'm in it. 1888 Lady 25 Oct. 374/1, I thought I really was in it at last, and knew what she meant. 1888 Longm. Mag. July 256 To those `in it' every sound conveys a meaning. 1889 Spectator 21 Sept., `Flying Childers' and `Eclipse' would not be `in it' with http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 24 of 31 Page 25 of 32 our modern cracks. 1902 H. JAMES Wings of Dove VI. xx. 298 `You scarcely call him, I suppose, one of the dukes.' `Mercy, no far from it. He's not, compared with other possibilities, "in" it.' 1907 F. H. BURNETT Shuttle xxxviii. 381 `Hope you had a fine time, Mr. Selden?' `Fine! I should smile. Fine wasn't in it.' 1912 A. BENNETT Matador 272 We were completely outshone. I tell you, we were not in it, not anywhere near being in it! 1913 F. L. BARCLAY Broken Halo vi. 69 In fact, the Egyptian dynasties weren't in it! She was positively antediluvian! 1915 A. HUXLEY Let. Oct. (1969) 82 At present I share Balliol with one..man..who rather repels me at meals by his..habit of shewing satisfaction with the food: Sir Toby Belch was not in it. 1960 L. COOPER Accomplices IV. ii. 224, I thought the Party knew all the technique there is about handling people, but they're not in it with the Church. 1964 H. E. F. DONOHUE Conversations with Nelson Algren ii. 74 All people are killers, potentially. Tigers aren't in it with people. 1966 `J. HACKSTON' Father clears Out 140 A fight in the snow is a tame affair and not in it with a hot summer contest. 1968 Globe & Mail (Toronto) 15 Jan. 9/4 We just weren't in this one... Nobody was going to beat them today. 29. Of representative character or capacity, as in NAME of, in RIGHT of: see the ns. 30. Elliptical for (a) in the name of; (b) in the character of. a1734 NORTH Lives (1826) III. 203 `Ay, i' God, is it', said the lord. 1831 F. A. KEMBLE Let. in Rec. Girlhood II. viii. 229, I am to come out in Bianca, in Milman's `Fazio'. V. Of motion or direction. See also 16. 31. Expressing motion or direction from without to a point within, or transition from one thing to another: = INTO. In OE. this was the proper sense of in with the accusative: see above. The sense of `into' is still retained after some verbs, as put, cast, split, part, where the sense implies motion, and in some idiomatic phrases which are no longer analysed. a. Illustrations of earlier usage, now obs. or dial. c825 Vesp. Psalter v. 8 Ic inga, dryhten, in hus in. 971 Blickl. Hom. 121 a hie..in one heofon locodan æfter him. a1000 Hymns vi. 27 (Gr.) Ne læd u us..in costunge. c1175 Lamb. Hom. 3 Go in ane castel et is on- ein eou. Ibid. 45 Mune ing of am hali gast e he sende in his apostles. c1220 Bestiary 230 Do we e bodi in e bale. a1300 E.E. Psalter xxix. 12 [xxx. 11] ou torned mi weping..In blisse. c1386 http://dictionary.oed.com.ezproxy.sfpl.org/cgi/entry/50113658?query_type=word&queryw... 12/5/2006 Case 3:06-cv-02361-WHA Document 101-16 Filed 12/06/2006 Page 25 of 31 Page 26 of 32 CHAUCER Knt.'s T. 11 And broghte hire h

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