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spec: Features may be added to the basic subject matter which do not change the character thereof , but do perfect it for its intended purpose ; e.g ., an overload release means tends to perfect a stonecrusher by providing means to stop it on overload and thus prevent ruining the machine . In light of the comments the Commission receives as a result of the Further Notices adopted today , it will make any final refinements that are necessary this summer and adopt a final model and inputs in the fall . Rather than a broad arts based approach , it will focus more specifically on editorial type photography . Crestview took exception to the ALJ 's reasoning that if , after resolving all factual disputes in Crestview 's favor , CMS established substantial noncompliance justifying the penalties imposed , the disputed facts were not material and CMS was entitled to summary judgment .