新东方名师精讲2010年考研英语真题（大阅读部分）
Text 2Over the past decade, thousands of patents have been granted for what are called business methods. Amazon.com received one for its “one-click” online payment system. Merrill Lynch got legal protection for an asset allocation strategy. One inventor patented a technique for lifting a box.
Now the nation’s top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago. In a move that has intellectual-property lawyers abuzz the U.S. court of Appeals for the federal circuit said it would use a particular case to conduct a broad review of business-method patents. In Bilski , as the case is known , is “a very big deal”, says Dennis’D. Crouch of the University of Missouri School of law. It “has the potential to eliminate an entire class of patents.”
Curbs on business-method claims would be a dramatic about-face; because it was the federal circuit itself that introduced such patents with its 1998 decision in the so-called state Street Bank case, approving a patent on a way of pooling mutual-fund assets. That ruling produced an explosion in business-method patent filings, initially by emerging internet companies trying to stake out exclusive pinhts to specific types of online transactions. Later, move established companies raced to add such patents to their files, if only as a defensive move against rivals that might bent them to the punch. In 2005, 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 films armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.
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 evaluate is whether it should” reconsider” its state street Bank ruling.
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. The judges on the Federal circuit are “reacting to the anti-patient trend at the supreme court”, says Harole C.wegner, a patent attorney and professor at Jorge Washington University Law School.
26. Business-method patents have recently aroused concern because of
their limited value to business
their connection with asset allocation
the possible restriction on their granting
the controversy over authorization
选C. 细节推理题。文章第二段首句指出，“……准备对商业方法专利进行缩减，而该类专利从其合法化的那天开始就一直充满了争议。”从此得出，现在对其进行缩减必将引起人们的“关注”。
27. Which of the following is true of the Bilski case?
Its ruling complies with the court decisions
It involves a very big business transaction
It has been dismissed by the Federal Circuit
It may change the legal practices in the U.S.
选B. 推理题。该题可以采用排除法。A、C、D选项都不符合文意。
28. The word “about-face” (Line 1, Paro 3) most probably means
loss of good will
increase of hostility
change of attitude
enhancement of dignity
选C. 词汇题。“about-face”在这里是承前启后的作用，because引导的从句是对于该词所述现象的解释，“当初就是联邦组通过的此类专利……”，而第二段提到了“现在……要缩减商业方法专利”，因此是“态度”的巨大转变。
29. We learn from the last two paragraphs that business-method patents
are immune to legal challenges
are often unnecessarily issued
lower the esteem for patent holders
increase the incidence of risks
选B.假推理题：同义替换。从“too many patents were being upheld ”中可以找到答案，而其他三个选项在最后两段都没有被提及。
30. Which of the following would be the subject of the text?
A looming threat to business-method patents
Protection for business-method patent holders
A legal case regarding business-method patents
A prevailing trend against business-method patents
选D. 主旨题。文章首段介绍了“过去10年”商业方法的专利授予状况，从第二段开始转到“现状”，同时，之后的各段均表述了联邦成员组对“商业方法专利”变化的立场。
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Text 3
In his book The Tipping Point, Malcolm Aladuell argues that social epidemics are driven in large part by the acting of a tiny minority of special individuals, often called influentials, who are unusually informed, persuasive, or well-connected. The idea is intuitively compelling, but it doesn’t explain how ideas actually spread.
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 selected people will do most of the work for them. The theory also seems to explain the sudden and unexpected popularity 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.
In their recent work, however, some researchers have come up with the finding that influentials have far less impact on social epidemics than is generally supposed. In fact, they don’t seem to be required of all.
The researchers’ argument stems from a simple observation about social influence, with the exception of a few 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 non-celebring 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.
Building on the basic truth about interpersonal influence, the researchers studied the dynamics of populations manipulating a number of variables relating of populations, manipulating a number of variables relating to people’s ability to influence others and their tendency to be.
31.By citing the book The Tipping Point, the author intends to
analyze the consequences of social epidemics
discuss influentials’ function in spreading ideas
exemplify people’s intuitive response to social epidemics
describe the essential characteristics of influentials.
选B. 推理题。文章开头作者介绍The Tipping Point这本书的中心思想是“一小部分名人引领了社会潮流”，但是在段末又表示“书作者的想法并不能解释思想是如何传播的”，由此引出对名人在思想传播中作用的讨论。
32.The author suggests that the “two-step-flow theory”
serves as a solution to marketing problems
has helped explain certain prevalent trends
has won support from influentials
requires solid evidence for its validity
选D.细节题。第二段的首句作者使用“a plausible sounding but largely untested theory”来修饰“two-step-flow theory”，同时第三段整段都是对名人思想传播论的否定。
33.what the researchers have observed recently shows that
the power of influence goes with social interactions
interpersonal links can be enhanced through the media
influentials have more channels to reach the public
most celebrities enjoy wide media attention
选A. 推理题。文章第四段主要表述了“社会交往的影响力”。
34.The underlined phrase “these people” in paragraph 4 refers to the ones who
stay outside the network of social influence
have little contact with the source of influence
are influenced and then influence others
are influenced by the initial influential
选C. 指代题。定位到文章第四段，前面表述的意思为，“人们受到别人影响后会进而影响后面的人”，These people所在句子的意思为，“有多少人注意这些人，他们与最初的那些名人一点关系也没有”，由此可知，那些人指的就是前文中所述的“受到别人影响后进而影响后人的人。”
35.what is the essential element in the dynamics of social influence?
The eagerness to be accepted
The impulse to influence others
The readiness to be influenced
The inclination to rely on others
选 C. 细节题。线索在文章的尾端末句“people’s ability to influence others and their tendency to be influenced”即“人们影响别人的能力及别人影响的倾向性。”，C项符合文意。
2010年考研真题汇总区(点框进入)
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Text 4
Bankers have been blaming themselves for their troubles in public. Behind the scenes, they have been taking aim at someone else: the accounting standard-setters. Their rules, moan the banks, have forced them to report enormous losses, and it’s just not fair. These rules say they must value some assets at the price a third party would pay, not the price managers and regulators would like them to fetch.
Unfortunately, banks’ lobbying now seems to be working. The details may be unknowable, but the independence of standard-setters, essential to the proper functioning of capital markets, is being compromised. And, unless banks carry toxic assets at prices that attract buyers, reviving the banking system will be difficult.
After a bruising encounter with Congress, America’s Financial Accounting Standards Board (FASB) rushed through rule changes. These gave banks more freedom to use models to value illiquid assets and more flexibility in recognizing losses on long-term assets in their income statement. Bob Herz, the FASB’s chairman, cried out against those who “question our motives.” Yet bank shares rose and the changes enhance what one lobby group politely calls “the use of judgment by management.”
European ministers instantly demanded that the International Accounting Standards Board (IASB) do likewise. The IASB says it does not want to act without overall planning, but the pressure to fold when it completes its reconstruction of rules later this year is strong. Charlie McCreevy, a European commissioner, warned the IASB that it did “not live in a political vacuum” but “in the real world” and that Europe could yet develop different rules.
It was banks that were on the wrong planet, with accounts that vastly overvalued assets. Today they argue that market prices overstate losses, because they largely reflect the temporary illiquidity of markets, not the likely extent of bad debts. The truth will not be known for years. But bank’s shares trade below their book value, suggesting that investors are skeptical. And dead markets partly reflect the paralysis of banks which will not sell assets for fear of booking losses, yet are reluctant to buy all those supposed bargains.
To get the system working again, losses must be recognized and dealt with. America’s new plan to buy up toxic assets will not work unless banks mark assets to levels which buyers find attractive. Successful markets require independent and even combative standard-setters. The FASB and IASB have been exactly that, cleaning up rules on stock options and pensions, for example, against hostility from special interests. But by giving in to critics now they are inviting pressure to make more concessions.
36. Bankers complained that they were forced to
follow unfavorable asset evaluation rules
collect payments from third parties
cooperate with the price managers
reevaluate some of their assets.
选A. 细节题。定位在文章首段后两句话。
37.According to the author , the rule changes of the FASB may result in
the diminishing role of management
the revival of the banking system
the banks’ long-term asset losses
the weakening of its independence
选A. 推理题。解题线索为第三段，句首提到，FASB经过努力使国会通过了一些变革，这些变革赋予了银行更多的权利，因此A“管理作用逐渐消失”符合题意。
38.According to Paragraph 4, McCreevy objects to the IASB’s attempt to
keep away from political influences.
evade the pressure from their peers.
act on their own in rule-setting.
take gradual measures in reform.
选 D. 细节题。解题线索在文章第五段，段首表示“欧洲部长们都希望IASB也进行改革”，同时在段位，“The IASB says it does not want to act without overall planning”，表示IASB不希望草率行事，但是在段位McCreevy表示“Europe could yet develop different rules”，因此McCreevy反对的应该是IASB缓慢的改革步伐，因此D符合文意。
39.The author thinks the banks were “on the wrong planet ”in that they
misinterpreted market price indicators
exaggerated the real value of their assets
neglected the likely existence of bad debts.
denied booking losses in their sale of assets.
选C. 细节题。解题线索第五段，忽视了“the likely extent of bad debts”。
40.The author’s attitude towards standard-setters is one of
satisfaction.
skepticism.
objectiveness
sympathy
选D. 情感态度题。通篇文章都是立足于银行对“standard-setters”的敌意行为，因此表明了其对“standard-setters”的同情。
2010年考研真题汇总区(点框进入)
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Part B
Directions:
For Questions 41-45, choose the most suitable paragraphs from the first A-G and fill them into the numbered boxes to from a coherent text. Paragraph E has been correctly placed. There is one paragraph which dose not fit in with the text. Mark your answers on ANSWER SHEET1. (10 points)
The first and more important is the consumer’s growing preference for eating out; the consumption of food and drink in places other than homes has risen from about 32 percent of total consumption in 1995 to 35 percent in 2000 and is expected to approach 38 percent by 2005. This development is boosting wholesale demand from the food service segment by 4 to 5 percent a year across Europe, compared with growth in retail demand of 1 to 2 percent. Meanwhile, as the recession is looming large, people are getting anxious. They tend to keep a tighter hold on their purse and consider eating at home a realistic alternative.
Retail sales of food and drink in Europe’s largest markets are at a standstill, leaving European grocery retailers hungry for opportunities to grow. Most leading retailers have already tried e-commerce, with limited success, and expansion abroad. But almost all have ignored the big, profitable opportunity in their own backyard: the wholesale food and drink trade, which appears to be just the kind of market retailers need.
Will such variations bring about a change in the overall structure of the food and drink market? Definitely not. The functioning of the market is based on flexible trends dominated by potential buyers. In other words, it is up to the buyer, rather than the seller, to decide what to buy .At any rate, this change will ultimately be acclaimed by an ever-growing number of both domestic and international consumers, regardless of how long the current consumer pattern will take hold.
All in all, this clearly seems to be a market in which big retailers that master the intricacies of wholesaling in Europe may well expect to rake in substantial profits there by. At least, that is how it looks as a whole. Closer inspection reveals import differences among the biggest national markets, especially in their customer segments and wholesale structures, as well as the competitive dynamics of individual food and drink categories. Big retailers must understand these differences before they can identify the segments of European wholesaling in which particular abilities might unseat smaller but entrenched competitors. New skills and unfamiliar business models are needed too.
Despite variations in detail, wholesale markets in the countries that have been closely examined—France, Germany, Italy, and Spain—are made out of same building blocks. Demand comes mainly from two sources: independent morn-and-pop grocery stores which, unlike large retail chains, are two small to buy straight from producers, and food service operators range from snack machines to large institutional catering ventures, but most of these businesses are known in the trade as “horeca”: hotels, restaurants, and cafes. Overall, Europe’s retail wholesale markets, but the figures, when added together, mask two opposing trends.
For example, wholesale food and drink sales come to $268 billion in France, Germany, Italy, Spain, and the United Kingdom in 2000- more than 40 percent of retail sales. Moreover, average overall margins are higher in wholesale than in retail; wholesale demand from the food service sector is growing quickly as more Europeans eat out more often; and changes in the competitive dynamics of this fragmented industry are at last making it feasible for wholesalers to consolidate.
However, none of these requirements should deter large retails and even some large good producers and existing wholesalers from trying their hand, for those that master the intricacies of wholesaling in Europe stand to reap considerable gains.
41 →42 →43 →44 →E→45
41．选B. 排除法。选项A“The first and more important is”得出不能为首句，C、D、F、G的首句都是带有总结、转折等的意思，均不能成为首句。B选项首句提出欧洲食品零售所面临的问题，符合首段提出问题，即文章主旨的写作原则。
42．选F. 首段最后一句话表示“食品零售商忽视了一个潜在的市场，即他们身边的食品批发市场”，而在选项F的首句，即举例说明若干国家食品批发规模比食品零售要大40%。因此可以断定该句是对首段的例证。
43．选D. 第二段是对食品批发优势的介绍，D选项则是对上文的内容进行总结。
44．选G. 根据上文的“particular abilities”及“new skills and unfamiliar business models are needed”，找到G选项中对应的“these requirements”。
45．选A. 结合E选项的最后一句话以及A选项的第一句话，得出正确答案为A。
2010年考研真题汇总区(点框进入)
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(46) Scientists jumped to the rescue with some distinctly shaky evidence to the effect that insects would eat us up if birds failed to control them
翻译：科学家们匆匆赶来救援，但证据是明显站不住脚的。大意就是，如果鸟不能控制这些虫子，虫子就会吃光一切。
解析：
1.句子主干为Scientist jump to the rescue. With引导jump的伴随状语，to the effect that 是evidence的同位语从句。If从句是该同位语从句中的条件状语从句。
2.Jump to sth表示“匆匆......”, 例如jump to a conclusion表示“匆匆得出结论”； to the effect that 是固定搭配，表示“大意是...”
(47) but we have at least drawn near the point of admitting that birds should continue as a matter of intrinsic right, regardless of the presence or absence of economic advantage to us.
翻译：但是，我们至少比较一致的认可这样一种观点，即：无论鸟类对我们是否具有经济价值，他们都应该继续享有其固有的生物权利。
解析：
1.句子主干是We have drawn near the point；Of admitting是介词短语做定语，修饰point，；之后的that...是admit的宾语从句；regardless of ...是作让步状语。
2.draw near the point of，意为“接近......”, as a matter of, 意为“作为......”, regardless of,意为，“不管，不顾”，引导让步状语。
(48) Time was when biologists somewhat over worded the evidence that these creatures preserve the health of game by killing the physically weak, or that they prey only on “worthless species”.
翻译：生物学家们曾一度滥用这个证据：这些生物通过残杀弱者来维持生物链条的健康发展，或者只是捕食“无价值的物种”。
解析：
1.句子主干是“Time was when ...”. when引导表语从句，两个that从句是evidence的并列同位语从句
2.Time was when，意为“曾经，从前”，prey on，意为“捕食”
(49) In Europe, where forestry is ecologically more advanced, the Non-commercial tree species are recognized as members of native forest community, to be preserved as such, within reason.
翻译：欧洲的林业生态发展比较先进。，那些没有商业价值的树种被视为原始森林群落的成员而被合理保护。
解析：
1.句子主干是the Non-commercial tree species are recognized as members of native forest community；Where引导定语从句修饰Europe，充当句子的地点状语。
2.be recognized as意为，“被看做”； within reason， 意为“合情合理的”
(50) It tends to ignore, and thus eventually to eliminate, many elements in the land community that lack commercial value, but that are essential to its healthy functioning.
翻译：这样的体系容易忽视、并最终灭绝了生物群落中的许多元素。然而这些元素虽然缺少商业价值，但对整个群落的健康运动却至关重要。
解析：
1.句子主干是It tends to ignore and to eliminate...；两个that分别引导定语从句修饰elements，意义上为转折关系。
2.Tend to do sth.意为“倾向于做某事”; be essential to sth，意为“对......必要的”
2010年考研真题汇总区(点框进入)
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