Weinblattv.Aijala et al.

Board of Patent Appeals and Interferences

Jun 8, 2006

08728624 (B.P.A.I. Jun. 8, 2006)

Based on Application 08/215,176, filed March 21, 1994. 1
Filed October 10, 1996. Accorded the benefit of Application 08/396,342, filed February 28, 1995, and Application2
07/976,558, filed November 16, 1992. The real party in interest is Arbitron, Inc.
THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 77
Mail Stop Interference Entered 8 June 2006
P.O. Box 1450
Alexandria VA 22313-1450
Tel: 571-272-9797 Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
LEE S. WEINBLATT
Junior Party
(Patent 4,457,807)1
v.
VICTOR A. AIJALA, GERALD B. COHEN,
JAMES M. JENSEN, WENDELL D. LYNCH and JUAN C. URBI
Senior Party
(Application 08/728,624)2
_______________
Patent Interference No. 105,295
_______________
1 Before PATE, LEE and MEDLEY, Administrative Patent Judge.
2
3 LEE, Administrative Patent Judge.
4
5 Judgment – Bd. Rule 127(b)
Interference No. 105,295
Weinblatt v. Aijala
-2-
1 Junior party Weinblatt filed no priority statement and also no priority motion. The
2 inaction is regarded as a concession of priority, which under 37 CFR § 41.127(b)(3) is further
3 construed as a request for entry of adverse judgment on priority. The request is granted.
4 It is
5 ORDERED that judgment as to the subject matter of Count 1 is herein entered against
6 junior party LEE S. WEINBLATT;
7 FURTHER ORDERED that junior party LEE S. WEINBLATT is not entitled to its
8 involved patent claims 1-16 which correspond to Count 1;
9 FURTHER ORDERED that if there is a settlement agreement, the parties should note
10 the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205;
11 FURTHER ORDERED that a copy of this judgment be filed in the respective involved
12 application or patent of the parties.
13
14 /ss/ William F. Pate, III )
15 WILLIAM F. PATE, III )
16 Administrative Patent Judge )
17 )
18 )
19 )
20 /ss/ Jameson Lee ) BOARD OF PATENT
21 JAMESON LEE ) APPEALS
22 Administrative Patent Judge ) AND
23 ) INTERFERENCES
24 )
25 )
26 /ss/ Sally C. Medley )
27 SALLY C. MEDLEY )
28 Administrative Patent Judge )
Interference No. 105,295
Weinblatt v. Aijala
-3-
1 By First Class Mail:
2
3 Lead Counsel for Junior Party Weinblatt:
4
5 Thomas Langer, Esq.
6 Cohen, Pontani, Lieberman & Pavane
7 551 Fifth Avenue
8 New York, New York 10176
9
10
11 Lead Counsel for Senior Party Aijala:
12
13 Alfred R. Fabricant, Esq.
14 Dickstein Shapiro Morin & Oshinsky, LLP
15 1177 Avenue of the Americas
16 New York, New York 10036-2714