Weinblattv.Aijala et al.Download PDFBoard of Patent Appeals and InterferencesJun 8, 200608728624 (B.P.A.I. Jun. 8, 2006) Copy Citation 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 The real party in interest is Arbitron, Inc. THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION AND IS NOT BINDING PRECEDENT OF THE BOARD Filed by: Trial Section Merits Panel Paper No. 77 Mail Stop Interference Entered 8 June 2006 P.O. Box 1450 Alexandria VA 22313-1450 Tel: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 Copy with citationCopy as parenthetical citation