NP: Thank you, thank you, hello, my name is Nicholas Parsons. And as the Minute Waltz fades away once more it is my huge pleasure to welcome our many listeners, around the world. But also to welcome to the show four exciting and talented players of this game. And they are, seated on my right, Paul Merton and Liza Tarbuck. And seated on my left, Kit Hesketh-Harvey and Josie Lawrence. Please welcome all four of them! Beside me sits Sharon Leonard, who is going to help me keep the score, and blow a whistle when the 60 seconds have elapsed. Paul, will you please take the first subject and start the show for us. And this one is the perfect lie-in. Would you tell us something about that subject in this game starting now.
NP: Oh Kit you challenged.
KIT HESKETH-HARVEY: There was a bit of a hesitation, I'm afraid.
NP: Well there was a definite er.
KHH: There was a definite erm, it was an erm going there.
NP: Yes so that's a hesitation.
NP: So Kit, a correct challenge. So you get a point for that of course and you have 40 seconds still available, the perfect lie-in starting now.
KHH: Oh! I've done it!
NP: Yes you've done it.
NP: Yes. It's a time since you played and you missed it.
KHH: It is, I'm sorry, it's the big elephant trap isn't it.
PM: Repetition of B as in BBC.
NP: Repetition of B, you see.
JOSIE LAWRENCE: Oh gosh, yes!
NP: So Paul, a correct challenge, a point to you, 19 seconds still available, tell us more about the perfect lie-in starting now.
PM: Newspaper round and newspapers.
LT: I'm going to be penalised.
NP: No no darling, he's played it quite a bit before. So he did singular and the plural.
PM: Don't explain all the tricks, old man!
LT: Exactly, yes, quite right.
NP: And you still have four seconds Paul with an incorrect challenge, another point, the perfect lie-in starting now.
NP: So at the end of that round Paul Merton has got most of the points and he also got one of course for speaking as the whistle went, which everybody does in this game. And he is in the lead. Josie Lawrence we'd like you to begin the next round. The subject is my ideal date. Sixty seconds starting now.
PM: Sorry, are you going to the opera with a cove?
PM: A handsome cove like Herne Bay or something like that? You've given up on the human species, you're now going out with geographical locations!
JL: Yes! I went out with the white cliffs of Dover two weeks ago, they were lovely!
PM: I bet you had a good time and all.
NP: Josie yes, I think when you can't talk about the date again, or you didn't want to repeat the feller. So you called him a cove. I think we can use a bit of slang if you want to. So it was an incorrect challenge, you have a point for that, you keep the subject, 40 seconds are still available, my ideal date starting now.
KHH: I'm so sorry, we've had music before. I was so wrapped up in it.
KHH: The music was poassionate and romantic.
KHH: I feel awful that I've nipped you off in the bud.
JL: I know, you're not, you're not going to know whether I let him get it or not now, are you!
KHH: I think after all that, it was a foregone conclusion. Wasn't it? All that and Traviata?
NP: So Kit that was a correct challenge, you have a point for that and you have 14 seconds still available, my ideal date starting now.
NP: I don't know why you laugh about my virginity! Well not at that date, yes. 1865, was it? How do you know, anyway?
KHH: Remember good-time Gloria from Golders Green? She's out there tonight, boy!
NP: Well as long as you weren't involved, Kit! Right Kit's got a lot of points in that round, one for speaking as the whistle went. He's now equal with Paul in the lead and then Josie and then Liza in that order. And Liza we'd like you to begin the next round, Camden Town. Tell us something about Camden Town in this game starting now.
NP: So that hasn't happened for a while.
NP: Someone started with the subject and went fluently with it, right through for 60 seconds.
NP: It was fluent, darling.
NP: You didn't hesitate, you didn't repeat yourself and you certainly didn't deviate. And you get a point for speaking when the whistle went and a bonus point for not being interrupted. But you're still in third place. But that was naughty of me, because you're only one point behind Kit and Paul, and one point ahead of Josie. And Kit it's your turn to begin so would you take, ah, a historical question here, the Ides of March, 60 seconds as usual Kit, the Ides of March starting now.
KHH: Well you would, wouldn't you? Walking through ancient Rome, minding her own business, which in this case is being a demi-god, ruler and conqueror of all known civilisations. Bestriding the world like a colossus so that petty men have to peep through your legs and suddenly a soothsayer comes up to you and says "beware the Ides of March". You think, what on earth was he on about? March a perfectly nice village in Cambridgeshire, quite close to me, in the Fenn. And the Ides were where the swan feeders and the twitchers who feed these lovely birds at twilight go. Nothing is scarey about that surely. You would say "get out of my way, oh seer, march on towards your death, assassination by endless stabbings from Brutus, to whom you would cry "et tu Brute?" And Cassius who has a lean and hungry look, all because he said they should be more specific these seers, should they not?
KHH: What was I on about?
JL: It was bloody brilliant!
NP: Yeah! You did, you pressed your buzzer, darling and the light came on.
JL: I don't know. Seers?
PM: No, it was seer and seers.
JL: And seer, no. I was just carried away, I didn't realise. I've done that before with the pressure of my thumb, haven't I?
NP: You get so excited, you press.
KHH: It's very sweet of you to say so. I felt moved, I felt moved by the power of the bard.
NP: Well it doesn't matter, it was an incorrect challenge.
NP: It's as well it was.
JL: But you get another point.
KHH: That's very sweet of you to say.
NP: Actually we nearly had another second.
KHH: My ideal date is Josie Lawrence!
NP: ... we nearly had a double whammy there in the sense of two people speaking consecutively for the full 60 seconds. We just failed by four seconds.
KHH: Four seconds! Oh not to worry, no, no, no, no, no.
KHH: It's only a parlour game.
KHH: So I get an extra point anyway so that's fine.
NP: You deserved that because you were just chatting among yourselves.
PM: There was a sudden realisation that now had started, so hesitation.
NP: There was a definite hesitation there.
KHH: Wrested from me, I'm so sorry.
NP: They're so carried away with chatting amongst themselves.
KHH: She does smell delicious to me!
NP: Paul you got in on Ides of March with two and a half seconds to go starting now.
NP: So Paul Merton was then speaking as the whistle went, gained that extra point. And Kit, you missed out on getting it then because you were chatting away frivolously to your partner on your right.
NP: Paul will you begin the next round please. Oh, how to belly dance.. You don;t have to demonstrate but could you try and describe that, for 60 seconds if possible starting now.
LT: Is that two exotics?
NP: Yes, exotic creature came up again.
PM: Nobody was listening! I wasn't!
NP: I think they were carried away, especially with the gyrations you displayed.
PM: Exactly! Thanks very much.
NP: Liza you've got a correct challenge. You've got how to belly dance, 38 seconds starting now.
PM: Sorry, where are we? Who are these people?
NP: Do you have a challenge Paul?
PM: No! I've no complaints whatsoever!
LT: Thank you so much!
NP: All right, give Paul a bonus point because we enjoyed the interruption. Liza gets a point because she was interrupted and she keeps the subject, how to belly dance, 23 seconds starting now.
KHH: I'm sorry, it was terribly funny and we all collapsed laughing, but she collapsed laughing too.
NP: And she dried up, but I'll tell you what we'll do. To compensate her, let's give her a bonus point because we enjoyed the images you create.
NP: Holst's Planet Suite. And you giggling to it, oh the image just throws me. But Kit it was a correct challenge, you've got 10 seconds, how to belly dance starting now.
PM: You seem to have set off some internal alarm.
KHH: That sounded like the nuclear alarm going off.
JL: Yes it was your tummy.
JL: It was right next to me, ladies and gentlemen, all sticking out.
KHH: It's called belly dancing!
NP: And Josie you challenged him.
JL: Yes because his belly was all sticking out.
KHH: It was undulation. It's quite different!
NP: You don't do physical demonstrations on radio. So Josie, oh Josie, you've got the subject with half a second to go. Give us a half a second on how to belly dance starting now.
NP: So Josie had another point then for speaking as the whistle went, she's creeping up on the other three. The other three are equal in the lead, two ahead of Josie Lawrence. And who's going to begin the next, oh Josie it's your turn to begin. The subject is clearing out your clutter Josie, 60 seconds starting now.
KHH: It was an "I have a" twice.
KHH: I'm sorry. So sorry but she did it to me. So I'm really on a mission of revenge!
NP: She did repeat I have. And you've got in with eight seconds to go Kit on clearing out your clutter starting now.
NP: So Kit was then speaking as the whistle went, gained that extra point. He's now two points ahead of Paul, he's in the lead. And Kit, we are back with you to begin, the subject is how to throw a successful party. Sixty seconds as usual starting now.
KHH: Oh, two this is.
LT: This is, this is.
KHH: Didn't get far, did I.
NP: Right Liza, correct challenge, 58 seconds, how to throw a successful party starting now.
LT: We're back to the Planets.
PM: I think we should stop right there!
NP: It sounded very exciting, I wish I'd been there. So Kit you have the subject, you have how to, oh what was the challenge?
KHH: Oh it was hesitation!
NP: Thirty-six seconds, how to throw a successful party starting now.
PM: Are we a bit far away from how to throw a successful party?
NP: No, I don't think you got to your point quick enough.
KHH: No you're quite right.
NP: So Paul, 22 seconds, how to throw a successful party starting now.
NP: Kit you got it back again.
NP: There was a hesitation and there are 19 seconds still available Kit, how to throw a successful party starting now.
NP: Right so Kit was then speaking as the whistle went and he gained that extra point. He's creeping up on the leader, Paul, he's only one point behind him. And he's a couple ahead of Liza Tarbuck and Josie Lawrence in that order. And Josie we are back with you, here's a subject for you, advice from my hairdresser. You'd like to tell us something about that in this game starting now.
JL: Damn! Oh so close! It's a true story!
NP: I have to say but Kit you got in with three seconds to go.
NP: But as you went for nearly 60 seconds Josie, we are going to give you a bonus point.
NP: And Kit you have three seconds on advice from my, oh you don't need it, do you!
KHH: Thank you Nicholas! I wondered when that was going to come!
PM: Does he charge a search fee?
NP: He could work on the beard, couldn't he.
KHH: He could yes, that's getting quite lush.
NP: Advice from my hairdresser, Kit starting now.
NP: Right so Kit Hesketh-Harvey got the point for speaking as the whistle went, and he's crept up and he's now again only one point behind Paul Merton, our leader. And Liza it's your turn to begin, the subject is my favourite children's book. Sixty seconds starting now.
PM: You said fairies and fairy.
NP: You said fairies and fairy.
PM: You could have kept going.
NP: You could have kept going.
LT: I could have kept going but I didn't, did I.
LT: It's what women of a certain age call pink fog.
PM: There's always a new perfume around, isn't there!
NP: Paul, 45 seconds are available for you Paul now on my favourite children's book starting now.
KHH: There were two reckons there, weren't there? I reckon the boat's going to be late, what do you reckon skipper.
PM: Oh yes, yeah you're right.
NP: A round of applause for sharp listening and 17 seconds with you still, not with you but to you, my favourite children's book starting now.
KHH: Oh double Pooh! Pooh Pooh!
PM: I think you were going to try and avoid AA Milne. I was waiting for that. I was waiting for that one, not Pooh. I didn't think Pooh would be repeated.
PM: It's repetition of Pooh, Nicholas.
PM: You don't mind me saying that while I'm looking at you?
NP: There was just a bit too much Pooh, wasn't there? Eleven seconds with you Paul, my favourite children's book starting now.
KHH: I don't think she said the illustrations are key, did she? She said they were beautiful.
PM: Well she said she liked them.
KHH: Oh did she? Oh right.
PM: She didn't say they were key, I suppose, no.
NP: No, he said they were key, but it doesn't matter.
PM: What do you think? Do you think they're key?
LT: I do actually, yeah.
PM: She does think they're key.
KHH: Well that's all right then! Carry on.
LT: To the ones I liked, yeah!
PM: Exactly yeah, good job you're here.
NP: Paul, seven seconds, my favourite children's book starting now.
NP: Oh, how lovely you are. I'll give you the situation. Josie is trailing a little in fourth place just behind Liza Tarbuck, and she's a point or two behind Kit Hesketh-Harvey who is two points behind Paul Merton as we go into the final round. And it is train announcements. And it is Kit, your turn to begin. So will you tell us something about train announcements starting now.
KHH: I set off this morning from Bodnin Parkway, deep in the heart of the Duchy on this beautiful day. And went through Exeter, St Davids, Bristol, Reading, Paddington, Ealing, where I got on to the Red Line I believe it's called, to the common Acton town. I feel suddenly rather like Clement Freud. Could somebody else take over.
JL: I'll take over for him.
KHH: Yes you take over Josie.
KHH: But they do these days Nicholas. They come through in the passenger compartment.
NP: Yes but you didn't establish that fact, you just gave us a monologue of these stations you went to.
KHH: I do all these logical jumps, aren't I.
NP: That's right, no, doesn't matter. Josie's got in with 36 seconds on train announcements Josie starting now.
JL: What really upsets me about train announcements is when they say "we apologise for the delay". And you can tell that the voice on the other end of said announcement isn't sorry at all. But what is much worse is the automated voices that come out of the stations like some weird little robotic Daleks living up there in the office who are so blibbid-gibba-doo!
NP: Paul what is it.
PM: Nice to hear blibbid-gibba-doo again! One of my favourite words, but I think it's deviation.
PM: Lovely to hear it though.
NP: The words still came out, flibbid-gibbid-dibbady-doo. Eight seconds Paul on train announcements starting now.
KHH: Well isn't he doing the same thing as I got done for.
KHH: I got hung, drawn and quartered and hoisted by a petard.
NP: No, you didn't get hung drawn and quartered.
KHH: I was shown as an example and dropped.
KHH: There are people in Indonesia listening to this. I'm humiliated!
PM: Well they need to change at Kennington for either Charing Cross Line or the Bank. They need to know that!
NP: Yes you were just giving a list of the stations.
NP: And you weren't giving an announcement.
NP: So Kit you've got in with one second to go.
NP: Train announcements starting now.
KHH: Blah blah blah blah!
NP: So Kit Hesketh-Harvey was speaking as the whistle went, gained that extra point. And he's finished up with a lot of points, but let me just tell you. First of all Josie was trailing a little in fourth place, just behind Liza Tarbuck. She was just behind Kit Hesketh-Harvey, and he was only one point behind Paul Merton. So we say Paul, one point ahead, you are still the winner this week. So it only remains for me to say thank you to these four fine players of the game, Paul Merton, Liza Tarbuck, Josie Lawrence and Kit Hesketh-Harvey. I thank Sharon Leonard, who has helped me with the score, blown her whistle with aplomb when the 60 seconds arose. And we thank our producer, Claire Jones. We are indebted to Ian Messiter who created this amazing game. And we are grateful to this lovely audience here in the Radio Theatre. And so from them, and from me Nicholas Parsons, and the team, thank you for tuning in, and be with us the next time we play Just A Minute! Yeah!


As if the news of Rob Kardashian and Blac Chyna dating wasn't enough of a shock, the former Keeping Up With The Kardashians star has gone and posted a seriously cryptic meme on Instagram – featuring Chyna AND the hashtag #BabyKardashian.
With Rob Kardashian being the only son of the family, any child that he does have in the future will be the only one to carry on the family name.
Not wishing to give us any clue as to the reason why he'd chosen to share the image, Rob simply captioned his post with a series of shamrock emojis.
This just so happens to be the very same one that Blac Chyna used in her caption.
Way to stir the pot, RK!
Naturally, his followers launched into a frenzy, with one asking, 'she pregnant?' and another writing, '*crosses fingers that rob and chyna expect a child together soon*'.
Blac Chyna already has a three-year-old son, King Cairo, with her ex Tyga.
The Rack City rapper is currently dating Kylie Jenner, Rob Kardashian's youngest sister.
Whilst nobody from the family has spoken out about the news that Rob and Blac are dating, Kris Jenner took to Instagram to reveal that she'd had a 'challenging day', which may or may not have had something to do with the revelation that they have been spending time together.


The Chairman, Board of Directors and Management of Flour Mills of Nigeria PLC (FMN) have announced with deep regret, the death of the founding father of the Company and Chairman Emeritus, Mr. George Stavros Coumantaros. He passed on peacefully in his sleep on Monday, 17th October 2016, in Athens, Greece, at the age of 94.
Mr. Coumantaros is a visionary and dynamic leader, who founded Flour Mills of Nigeria Plc in September 1960. The company pioneered flour milling in Nigeria when its first mill was commissioned in Apapa in 1962. Today, the Apapa milling complex has grown to become one of the largest single site mills in the world. Due to Mr. Coumantaros' passion and absolute commitment to Nigeria's economic growth and development, FMN has been positioned as the foremost food and agro- allied group in the country.
George Coumantaros, a rare breed, will be sorely missed by Shareholders, Directors, Management, Employees and Customers of Flour Mills of Nigeria Plc for his vision, inspiration, dynamism, forthrightness, courage and passion which laid the foundation for "The FMN Dream".
The greatest tribute that Directors, Management, and Staff of the FMN can pay to Mr. George Stavros Coumantaros is to carry on with his legacy of hard work and commitment to the advancement of the Company and Nigeria's economy.


text:
UAE Sets New Record: "World's Largest Aerial Projection Screen"
Having set the world's largest flower arrangement as well as the world's largest environment sustainability lesson, it was only a matter of time before the UAE breaks another record. Just recently, the world's largest aerial projection screen was featured in the Dubai night sky.
The new Guinness World Record was made by one of the country's leading development companies, Wasl Asset Management Group. As part of the Year of Zayed 2018 celebrations, it commemorates the late Sheikh Zayed bin Sultan Al Nahyan, the founding father of the UAE.
The UAE has set a new world record!
World's Largest Aerial Projection Featured in Dubai
"We are delighted to have celebrated the Year of Zayed 2018 in a memorable and ambitious way that captures the late Founding Father's pioneering spirit and strengthens Dubai's reputation as a leader in achieving world firsts," stated Hesham Al Qassim, CEO of Wasl Asset Management Group's CEO.
The world's largest aerial projection screen flew over Dubai.
In case you missed it, here are the highlights of the record-breaking event:
The aerial screen measured 300-feet, breaking the previous world record, a 250-foot screen in New York City.
A video was presented on the aerial screen through live projection mapping and augmented reality tracking.
Two helicopters projected the screen over the city, starting from Skydive Dubai — hovering above Dubai Coast, Zabeel Park, wasl1 (latest project of Wasl), Dubai Creek — then back again to Skydive Dubai. The flight lasted for about 90 minutes.
The screen displayed a short film about the "Year of Zayed 2018," showcasing the legacy and values imparted by the UAE's founding father, the late Sheikh Zayed.
The screen featured a video about the late Sheikh Zayed, founding father of the UAE.
Celebrating a Nation's Pride
"Dubai has set the stage for numerous record-breaking successes over the years and we are delighted to be part of the celebrations of another new Guinness World Records title by Wasl Asset Management Group," declared Talal Omar, Country Manager of Guinness World Records MENA.
"It's always great to see how the UAE celebrates its nation's pride through continuous record-breaking events, and this initiative definitely stands out," he commented.
Presentation of the new Guinness World Record
Here is a behind-the-scenes video about preparations for the world record, shared by @waslgroup on Instagram:
#LookUp at the sky tonight and you'll see us break the Guinness World Record for the world's largest flying screen as a tribute to the #YearofZayed!  #انظر_للأعلى الليلة لتشهد تسجيلنا رقماً قياسياً عالمياً من خلال أكبر شاشة طائرة في العالم إحتفاءً بمبادرة #عام_زايد!
A post shared by wasl group مجموعة وصل (@waslgroup) on Mar 12, 2018 at 6:39am PDT
Without a doubt, this latest world record delighted lots of people who looked up to see the amazing presentation in the Dubai night sky. We can't wait to see what comes next! In the meantime, check out these Guinness World Records made in the UAE last year.
largest aerial projection screen
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redpajama_set_name: RedPajamaCommonCrawl


Association: - natural process. Question: - What grows up in me?
The role of a gardener is like the role of the farmer. Here, however, it concerns more a folder, the careful orderly of the herbal nature. The man with the green apron is covered to his flowers, to his fruit trees, on his cultural plantations. In the dream it is the internal gardener who may not allow to run wild the garden of the soul. Therefore, that dreamer got a fright so much when she had to recognise returning home that her garden completely weed, the small trees had run wild and the bushes had become shapeless, - thorn stuff grew above the way, and the well had dried up. One may remember that the sad women who searched dead Jesus in Easter him met as a 'gardener'. Therefore, and because it concerns the garden of the soul, Christ has been often shown as such. Dream gardens are found themselves in churches, and then the gardener is a monk, a priest or a heavenly shape. On the other hand, the gardener can have earth-like in himself in the dream a little bit very much. Then he combines with the reality of an existence concentrated in the garden close to the earth. Where the gardener appears in the dream, there mental is to be fixed, - if one himself carries symbolic-wise a gardening tool in the hands, the consciousness also has to co-operate in this order.
With every dream figure which takes over a certain role in the dream it is important to pay attention to what she is occupied with. A gardener can represent the knowledge and wisdom which the dreaming has collected by his experience of life. Often a gardener points in the dream to a person on whom the dreaming can count who pays attention to everything with which the dreaming believes not to be able to handle. It is a symbolic shape for the harmony and exchange with the nature in terms of give and take, form and draw inspiration. If the dreaming even in his dream maintains a garden, this is called that he provides affectionately for himself. All plants in the garden of the soul must be maintained equally and be kept by weed, because, otherwise, the soul garden threatens to run wild. The dream of the gardener often points out to the fact that in our psyche something has got in mess. If the dreamer helps in gardening, he will soon be able to solve his problems without foreign help.
A gardener in the dream supports the dreaming to recognise to the manners in himself and to give him more trust.
see or speak: Hope carry.


text:
The Fight Game
The HBCU Report
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© 2016 SportsNewsandBrews.com
HBCU Report
MEAC Week 5 Football Honors
MEAC Sports
NORFOLK, Va. - North Carolina A&T State running back Tarik Cohen was selected as the Mid-Eastern Athletic Conference (MEAC) Offensive Player of the Week, the conference announced today. North Carolina Central defensive end Frederick Henry-Ajudua was named Defensive Player of the Week.
Florida A&M's Hans Supre earned Rookie of the Week honors, while North Carolina Central's Jamaal Symmonett received Offensive Lineman of the Week honors. Julian Blair, of Howard, was selected as the Specialist of the Week.
OFFENSIVE PLAYER OF THE WEEK
Tarik Cohen
North Carolina A&T State
5-6, 179, Sr.
Bunn, N.C.
Cohen finished Thursday night's win over Hampton with 264 all-purpose yards. He rushed for 256 yards on 26 carries, with three touchdowns. Cohen's 94-yard run in the 31-9 victory was the longest from scrimmage in school history.
DEFENSIVE PLAYER OF THE WEEK
Frederick Henry-Ajudua
Henry-Ajudua recorded three sacks for a loss of 19 yards and six tackles total in the 31-14 win over Bethune-Cookman. He helped the NCCU defense hold the Wildcats to 121 yards of total offense, including 13 rushing, in the second half.
Hans Supre
5-10, 185, r-Fr.
Coral Gables, Fla.
Supre rushed for 93 yards on 15 carries, with one touchdown, in the 19-14 win over Savannah State. His 10-yard touchdown run extended the Rattlers lead in the third quarter and was the go-ahead touchdown.
OFFENSIVE LINEMAN OF THE WEEK
Jamaal Symmonett
6-3, 300, r-Sr.
Symmonett earned a grade of 98-percent on his blocking assignments, including five pancake blocks and no sacks, as North Carolina Central finished with 489 yards of total offense. The Eagles rushed for 194 yards and completed 15 passes, for two touchdowns, in the 31-14 victory over Bethune-Cookman.
SPECIALIST OF THE WEEK
Julian Blair
5-10, 185, Sr.
Waldorf, Md.
Blair blocked a punt early in the first quarter, which led to a touchdown, in Howard's 33-28 win over Norfolk State.
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In The Color of Modernity, Barbara Weinstein focuses on race, gender, and regionalism in the formation of national identities in Brazil; this focus allows her to explore how uneven patterns of economic development are consolidated and understood. Organized around two principal episodes—the 1932 Constitutionalist Revolution and 1954's IV Centenário, the quadricentennial of São Paulo's founding—this book shows how both elites and popular sectors in São Paulo embraced a regional identity that emphasized their European origins and aptitude for modernity and progress, attributes that became—and remain—associated with "whiteness." This racialized regionalism naturalized and reproduced regional inequalities, as São Paulo became synonymous with prosperity while Brazil's Northeast, a region plagued by drought and poverty, came to represent backwardness and São Paulo's racial "Other." This view of regional difference, Weinstein argues, led to development policies that exacerbated these inequalities and impeded democratization.
"The Color of Modernity is a major work in the history of modern Brazil and an important intervention in social theories of race, modernity, regionalism, and nationalism. Barbara Weinstein's history of the construction of regional identity in twentieth-century São Paulo offers a model for building cultural theory from rigorous empirical research in social, political, and intellectual history. It is a work of startling originality by one of the preeminent historians of modern Brazil."
Barbara Weinstein is the Silver Professor of History at New York University. She is the coeditor of The Making of the Middle Class: Toward a Transnational History, also published by Duke University Press, and the author of For Social Peace in Brazil: Industrialists and the Remaking of the Working Class in São Paulo, 1920-1964.


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 * Permission is hereby granted, free of charge, to any person obtaining a
 * copy of this software and associated documentation files (the "Software"),
 * to deal in the Software without restriction, including without limitation
 * the rights to use, copy, modify, merge, publish, distribute, sublicense,
 * and/or sell copies of the Software, and to permit persons to whom the
 * Software is furnished to do so, subject to the following conditions:
 *
 * The above copyright notice and this permission notice (including the next
 * paragraph) shall be included in all copies or substantial portions of the
 * Software.
 *
 * THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
 * IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
 * FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL
 * THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
 * LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
 * FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
 * DEALINGS IN THE SOFTWARE.
 */

#include <stdlib.h>
#include <stdint.h>
#include "wayland-util.h"

extern const struct wl_interface wl_output_interface;
extern const struct wl_interface wl_surface_interface;
extern const struct wl_interface wp_presentation_feedback_interface;

static const struct wl_interface *types[] = {
	NULL,
	NULL,
	NULL,
	NULL,
	NULL,
	NULL,
	NULL,
	&wl_surface_interface,
	&wp_presentation_feedback_interface,
	&wl_output_interface,
};

static const struct wl_message wp_presentation_requests[] = {
	{ "destroy", "", types + 0 },
	{ "feedback", "on", types + 7 },
};

static const struct wl_message wp_presentation_events[] = {
	{ "clock_id", "u", types + 0 },
};

WL_EXPORT const struct wl_interface wp_presentation_interface = {
	"wp_presentation", 1,
	2, wp_presentation_requests,
	1, wp_presentation_events,
};

static const struct wl_message wp_presentation_feedback_events[] = {
	{ "sync_output", "o", types + 9 },
	{ "presented", "uuuuuuu", types + 0 },
	{ "discarded", "", types + 0 },
};

WL_EXPORT const struct wl_interface wp_presentation_feedback_interface = {
	"wp_presentation_feedback", 1,
	0, NULL,
	3, wp_presentation_feedback_events,
};

redpajama_set_name: RedPajamaGithub


Fraud Management is becoming more difficult as money is moving faster, data is becoming bigger and fraudsters keep innovating.
What can we expect to see in 2019? This webinar will look at the top fraud trends shaping the Enterprise Fraud Management industry. NICE Actimize will host Forrester Research VP and Principal Analyst, Andras Cser, to share his expert knowledge on these trends and best practices to position your institution to succeed in the fight against the fraudsters.


Above: The bald boy is back.
IO Interactive has showed off gameplay for its upcoming Hitman 2 assination simulator. In a new trailer that debuted at The PC Gaming Show as part of the media briefings ahead of the Electronic Entertainment Expo (E3), the studio showed off some of the murders you can commit in Miami during a motorsport event.
In Hitman 2, Agent 47 is back, and of course he has can get into various disguises and throw frying pans at unsuspecting targets. But now he also has a splitscreen ability to track multiple points of view at once.
Hitman 2 launches November 3 on PC and consoles.


Thinking past the twin insanities of terrorism and counter-terrorism.
Renowned critical theorist Susan Buck-Morss argues convincingly that a global public needs to think past the twin insanities of terrorism and counter-terrorism in order to dismantle regressive intellectual barriers. Surveying the widespread literature on the relationship of Islam to modernity, she reveals that there is surprising overlap where scholars commonly and simplistically see antithesis. Thinking Past Terror situates this engagement with the study of Islam among critical contemporary discourses—feminism, post-colonialism and the critique of determinism.
In a new preface to this paperback edition, Susan Buck-Morss reflects on the events that have marked the world since the book was first published.


As I take some time to stew on a more in depth, thought-provoking post, I wanted to share some of the beautiful country in which we are blessed to live. One of the commitments we have made while residing here in Ecuador is taking time to explore.
We have been able to travel to a number of different areas, and Otavalo has been a convenient destination. Just a few hours from Quito, it touts the largest South American open air market, with vendors selling their wares for blocks and blocks every Saturday. Like any trip, the journey is part of the experience, almost more so than the destination.
In the past three or so times we have traveled to this gem, we've taken different routes, stayed at a rustic cabin, explored surrounding towns, and felt immersed in the culture. The town of Cayambe, near the same-named volcano, boasts bizcochos. Best when taken straight from the wood ovens, they are served with caramel, cheese, and what I would term "clotted cream". Similar to biscotti in the United States, they are worth the early morning stop on the way to the market.
On one of our adventures, Brad found us a cozy little one room cabin…rustic, but comfy. We had to follow an old railroad track as a road, and put the truck into four wheel drive to get up the hill, but the view of the Imbabura volcano and Lago San Pablo (San Pablo Lake) along with the neighboring rugged Cotacachi volcano were worth the tense moments. Complete with a shepherdess who walked by twice a day, and a cute little dog to entertain, we also shared breakfast with the family who owned the cabin as they made us scrambled eggs with bread, cheese, and juice for the low cost of $1.50 a person. Short of the 3:00am wake up call to market for the entire village of San Rafael, it was a great opportunity to share a bit with the culture we are immersed with on a daily basis.
Jacob, on our most recent trip, was able to finally purchase a charango…basically, a ten stringed instrument which would most closely resemble a cross between a mandolin and a ukulele. Hand crafted by the hugely talented artisan Santiago Ayala at La Casa del Bandolin/Intrumentos Ayala, this heirloom will always be a precious reminder of our time here in this country. Taking time to play it at one of our favorite restaurants on the lake at San Pablo, while overlooking Imbabura, is a memory that will be relished for quite some time.
Finally, heading back to Calacali, we took the road less traveled via Perucho and San José de Minas. This road is not highly used due to its cobblestone base…but it is shorter in distance, with curves that twist and turn on themselves, full of amazing vistas and sweeping views. A quick stop in Perucho for mandarina juice, and our trip is complete.
We pray we will forever be thankful for these opportunities in front of us, and that we can be faithful to the call that is on our hearts…trusting in the One who guides us on this adventure, wherever it may lead.
This entry was posted in Ecuador beauty and tagged artisan, Cayumbe, Charango, Cotacachi, Ecuador, Imbabura, Lago San Pablo, Otavalo, Perucho, San Rafael, travel on March 15, 2015 by Sarah.


text:
using Microsoft.Practices.Unity;
using Prism.Modularity;
using Prism.Regions;

namespace ModuleB
{
    public class ModuleB : IModule
    {
        public ModuleB(IUnityContainer container, IRegionManager regionManager)
        {
            Container = container;
            RegionManager = regionManager;

            RegisterViewsAndServices();
        }

        private void RegisterViewsAndServices()
        {
            this.Container.RegisterType<IActivityView, ActivityView>();
        }

        public void Initialize()
        {
            ActivityView activityView1 = Container.Resolve<ActivityView>();
            ActivityView activityView2 = Container.Resolve<ActivityView>();

            activityView1.SetCustomerId("Customer1");
            activityView2.SetCustomerId("Customer2");

            IRegion rightRegion = RegionManager.Regions["RightRegion"];
            rightRegion.Add(activityView1);
            rightRegion.Add(activityView2);
        }

        public IUnityContainer Container { get; private set; }

        public IRegionManager RegionManager { get; private set; }
    }
}


The oil giant made a big bet on the domestic natural gas market late last year buying Texas-based XTO Energy for $41 billion. But refining and exploration remain its backbone. The company drilled 45 new wells last year and hit pay dirt on nearly two-thirds of them.
Is Exxon Mobil a great company, or what?


text:
🧙🏻♀What we know about the filming of 'Hocus Pocus 2' in Rhode Island
The Sanderson sisters are running "Amok! Amok! Amok!" filming all around the Ocean State. Here's what we know about the production so far
By Carlos R. Muñoz Globe Staff,Updated December 13, 2021, 3:56 p.m.
The filming of Hocus Pocus 2 began on Federal Hill, on Atwells Avenue in Providence on Friday, Dec. 10, 2021. It will continue through the weekend. The Sanderson sisters, played by Bette Midler, Sarah Jessica Parker and Kathy Najimy were expected to be on set at some point during the weekend filming a flying broom scene. Here, film crew members set up a night scene on Atwells Avenue.MARK STOCKWELL FOR THE BOSTON GLOBE
Has the Black Flame been rekindled?
Yes, according to Disney and hundreds of Rhode Islanders who have posted about the production over the past few months.
The devious Sanderson sisters are back and the first images of the original cast — Bette Midler, Sarah Jessica Parker, and Kathy Najimy — were released this week.
Globe Rhode Island will be watching for witchy signs as production for "Hocus Pocus 2″ continues in places like Benefit Street in Providence, and Chase Farm in Lincoln, R.I., where a Colonial-era town has sprouted up almost overnight. There have been sightings elsewhere.
If you have seen the production, let us know: rinews@globe.com. In the meantime, scroll down for hints and highlights of the movie making so far.
The filming of Hocus Pocus 2 began on Federal Hill in Providence on Dec. 10 and will continue through the weekend. The Sanderson sisters, played by Bette Midler, Sarah Jessica Parker and Kathy Najimy were expected to be on set at some point during the weekend filming a flying broom scene. Some of the businesses along Atwells Ave were paid an inconvenience fee while other businesses were temporarily bought out entirely during the duration of the filming.MARK STOCKWELL FOR THE BOSTON GLOBE
The latest: 'Hocus Pocus 2′ filming gives Federal Hill businesses a boost
By Alexa Gagosz
PROVIDENCE — While Hollywood film crews were directing extras, dressing Bette Midler stunt doubles, and stretching yellow caution tape around a sprawling section of Atwells Avenue this past weekend, Italian markets and restaurants on the edge of the set in Federal Hill saw a carousel of customers.
Get Rhode Map
A weekday briefing from veteran Rhode Island reporters, focused on the things that matter most in the Ocean State.
Adriana Veader was behind the counter at Tony's Colonial, a salumeria her grandparents have owned since 1969, where rows of fine cheeses and meats, herb-infused olive oils, pasta, and specialty packaged foods from Italy line the shelves. A part-time worker while earning her master's in Boston, she said she hadn't seen the store this busy in months.
"I'm just really hoping that while people are traveling here to get a glimpse of the movie, they discover us and become loyal customers," she said as she helped her family members pour clear plastic cups with wine and froth milk for cappuccinos and pass them around to customers. "People here know who we are. But maybe it will help us reintroduce ourselves to the next generation of customers." Read more.
Disney released a first look at the main characters in the film production of the Halloween movie "Hocus Pocus 2." The original cast of "Hocus Pocus," which was filmed in 1992, partly in Salem, Mass., is returning for the second installment. The movie is filming at historic sites around Rhode Island.Courtesy of Disney
What is 'Hocus Pocus' about?
🧙🏻 "Hocus Pocus" was released in July 16, 1993. It has since become a Halloween classic.
🧙🏻 It's about a curious boy who struggles to fit in before awakening a trio of diabolical witches that had been executed in the 17th century, according to IMDb. The Sanderson sisters are resurrected when a cursed candle is lit by a virgin on Halloween during a full moon.
🧙🏻 It was originally filmed in Burbank, California. However, daytime parts of the movie were filmed for about two weeks in Salem, Massachusetts, known for the 1692 witch trials.
🧙🏻 The story was written by David Kirschner and Mick Garris, and directed by Kenny Ortega.
🧙🏻 The original was budgeted at $28 million and made $44 million at the box office.
🧙🏻 New production signs around Rhode Island have featured "Black Flame Fairy Dust Productions," hinting the cursed candle may play a part in "Hocus Pocus 2."
The "Hocus Pocus 2" set at Chase Farm, in Lincoln, RI pic.twitter.com/Razh41ybEN
— Bill Dennen (@wjdennen) October 17, 2021
Took a stroll through Chase Farms in Lincoln, where they're reportedly in the process of building the set for the filming of Hocus Pocus 2! pic.twitter.com/tQncZUTPFK
— Ryan Welch (@RyanWelchPhotog) September 11, 2021
Why is 'Hocus Pocus 2′ being filmed in Rhode Island instead of Salem, Massachusetts?
Luna Moon, a Halloween and horror buff from Salem, Massachusetts, recently visited all of the "Hocus Pocus 2″ sets in Rhode Island. She says Salem residents are "bent out of shape" that the quirky Halloween film isn't returning to Salem.
After all, many credit the 1964-1972 supernatural sitcom "Bewitched" and "Hocus Pocus" for reviving Salem's businesses.
Moon told the Globe her loves for Halloween and scary things came from her grandparents, with whom she watched black and white horror films. She said she found the characters inspiring and misunderstood.
"I like the creepy stuff; it was relatable to me," Moon says. "On Halloween, you can be anything you want to be. There is magic in that. Even in those plastic costumes you can't breathe in. I was an actor at haunted houses at ages 16 and 17. My first job was with Al Lewis who was Grandpa Munster."
Moon said she kind of understands why that wouldn't make a good filming environment. The event would have been a filming nightmare -- even scarier than the Sanderson sisters.
"We were really hoping the movie was going to film here," Moon said. "We got the curveball at the last second that it was going to be in Rhode Island."
"They are doing the best thing for the film. When 'Hocus Pocus 2′ started filming, it started in October. (October is) like Magic Kingdom on a full capacity day in Salem. It's wall-to-wall people. There would have been no way to film here. But in Rhode Island, you still have that gorgeous New England architecture and history — the Salem magic. It's fun and we're all looking really forward to seeing it." Read more.
HOCUS POCUS 2 EXCLUSIVE PHOTOS! Sanderson Sister's Cottage & Salem Scarefest set photos! We were on the set of Hocus...
Posted by Luna Moon Gothic on Sunday, November 7, 2021
Where are the R.I. sets for 'Hocus Pocus 2′?
Chase Farm, 667 Great Road, Lincoln, R.I.: A town has been set up in a field along a winding dirt road southeast of the Hearthside House Museum. It is located at 667 Great Road, Lincoln, Rhode Island.
Cranston Armory in Providence, 310 Cranston St., Providence, R.I.: A sound stage, forest and rig for flying stunts has been erected, according to Moon. She said she has heard there could be two major scenes that are difficult to film that will be produced there.
Newman Cemetery, Newman Avenue and Pawtucket Avenue, Rumford, R.I.: Zombie Billy Butcherson, played by Doug Jones, has been seen at filming at the cemetery, which was originally established in the 1640s. The gravestones are etched with funerary art.
Downtown Newport, R.I.: A fictional fair, the "27th Annual Salem Scarefest" has been staged. It includes booths named "Count Quackula," "Sandy's Candy Cauldron," "Lifestyles of the Witch and the Famous," and "Salem BOOtique." A giant concert stage is a centerpiece.
Luna Moon, of Salem, Massachusetts, recently visited the sets of Hocus Pocus 2 in Newport, R.I., This building is a replica of a 17th century shop in Salem, Massachusetts, that was staged in Newport.Courtesy of Luna Moon
A Pre-K teacher from Mass. used her precious half-day off to visit two 'Hocus Pocus 2′ sets
PROVIDENCE — Kailey Paiva, 24, is a new fan of "Hocus Pocus," having watched it for the first time just two years ago. But the a teacher from Framingham, Massachusetts, is so devoted to the film that she recently spent a precious half-day off visiting drove an hour to visit two "Hocus Pocus 2″ sets in Rhode Island. — Eisenhower Park in Newport and Chase Farm in Lincoln. She said she is a new fan of the movies she watched for the first time two years ago.
Paiva got a peek at the sets at Chase Farm in Lincoln, and took peak of a good look at the "27th Annual Salem Scarefest" movie set in Eisenhower Park in Newport, where the production crew seems to have they apparently staged a fake town fair.
In two videos Paiva posted on Twitter, you could see the silhouette of Bette Midler dressed as Winifred Sanderson, one of the movie's wicked witches.
Bette Midler as Winifred Sanderson filming Hocus Pocus 2 🧙♀ pic.twitter.com/N7BCl5H4dh
— Kailey Paiva (@sadiep48) November 12, 2021
"We were able to see Bette Midler, and the three witches walked by at one point," Paiva said. "It was the same scene they filmed a bunch of times. You could hear the three witches scream and everyone would walk down the pathway to the fair. The witches stopped at this 'Bon Apetit' little fair thing where there was a guy dressed as a skeleton, and they huddled around him." Read more.
Ongoing casting calls for 'Hocus Pocus 2′
New Englanders embracing the countdown to fall in all of its witchy glory have another thing to look forward to.
"Hocus Pocus 2″ isn't slated to stream on Disney+ until fall 2022, the streaming service confirmed. But in the meantime, the movie's casting company sent out a call looking for people from the region "to play various extra roles in the film."
Filming will take place from October through December in Providence and in areas nearby, the casting company said. Read more.
Who is acting in 'Hocus Pocus 2′? Disney reveals an expanded cast list
Just after Halloween, Disney revealed more details about the film, including a fuller cast list and teasers into what the new movie is all about.
In a timely Halloween post shared on Twitter, Disney unveiled 11 names that will join returning stars Bette Midler, Sarah Jessica Parker, and Kathy Najimy in "Hocus Pocus 2."
The confirmed cast members include Whitney Peak ("Gossip Girl"), Lilia Buckingham ("Crown Lake"), Belissa Escobedo ("Don't Look Deeper"), Tony Hale ("Arrested Development," "Veep"), Sam Richardson ("Veep"), Hannah Waddingham ("Ted Lasso," "Sex Education"), Juju Brener ("Vanquish"), Froy Gutierrez ("Teen Wolf"), Taylor Henderson ("Earwig and the Witch"), Nina Kitchen, and Doug Jones, who played Billy Butcherson in the original "Hocus Pocus" and is returning for the sequel to reprise his role. . Read more.
Road and business closures in front of Walgreens in Federal Hill for the filming of "Hocus Pocus 2." Good-sized crowds to watch but they will be moved further back as filming closes more streets. pic.twitter.com/mDZyZ4zk3s
— Carlos R. Munoz 📰 (@ReadCarlos) December 10, 2021
'Hocus Pocus 2′ to begin filming on Federal Hill on Dec. 10
PROVIDENCE — Keep your eye out on the streets and in the sky this weekend in Providence — you might just get a glimpse of one of the Sanderson sisters.
"Hocus Pocus 2″ will begin filming in Federal Hill on Friday afternoon through early Sunday morning, according to people with knowledge of the film's production. And the Sanderson sisters — played by Bette Midler, Sarah Jessica Parker, and Kathy Najimy — are expected to be on Atwells Avenue for some of the shoots and potentially "flying around on their broomsticks." Read more.
Behind the scenes during the filming on Federal Hill in Providence
Globe Rhode Island's Carlos Muñoz and Alexa Gagosz were on the scene at Federal Hill on Dec. 10 and 11, as filming for "Hocus Pocus 2″ began in a busy section of Providence. Here's what they saw. Read more, and see photos and video.
Sharing a couple unposted shots from last nights filming of #HocusPocus2 on Federal Hill. Awesome vibe for residents who packed onto sidewalks to catch a view before it got a little chilly. pic.twitter.com/dNA7nwCiTe
Reporting break! And front row seats inside Roma! @Globe_RI pic.twitter.com/JPIS265vQz
— Alexa Gagosz (@AlexaGagosz) December 11, 2021
There's something you don't see everyday! Movie production equipment being rolled down Federal Hill. Crews have been here throughout the day in preparations for filming to begin of #HocusPocus 2 in Providence! pic.twitter.com/MNNqRJqgJu
— Ryan Welch (@RyanWelchPhotog) December 11, 2021
Carlos Muñoz can be reached at carlos.munoz@globe.com. Follow him on Twitter @ReadCarlos and on Instagram @Carlosbrknews.


Rescuers spotted the animal's legs poking out of the rubble as they were clearing a collapsed building in the quake-hit town of Norcia.
Remarkably the dog survived the 6.6-magnitude tremor, which struck on Sunday morning, and was carefully lifted to safety by Italian firefighters before lapping up some water.
Footage shows the dog's legs sticking out between gaps in the rubble.
Rescuers can be seen carefully removing rocks from around the animal until its face is visible.
The dog is finally freed before firefighters comfort the animal and bring it some water.


Ryohei Hisano, "Semi-supervised Graph Embedding Approach to Dynamic Link Prediction", Complenet 2018, Northeastern University, Boston, Match 4-8, 2018.
Ryohei Hisano, Tsutomu Watanabe, Takayuki Mizuno, Takaaki Ohnishi, Didier Sornette, "The gradual evolution of buyer-seller networks and their role in aggregate fluctuations", Applied Network Science, 2017, Vol 2, 9.
Ryohei Hisano, "A new approach to building the interindustry input-output table using block estimation techniques", 2016 IEEE International Conference on Big Data (Big Data), 5-8 Dec. 2016.
Ryohei Hisano, Didier Sornette, "Challenges to the Assessment of Time-to-Proof of Mathematical Conjectures", The Mathematical Intelligencer, June, 2013.
Ryohei Hisano, Didier Sornette, Takayuki Mizuno, "Predicted and Verified Deviation from Zipf's law in Ecology of Competing Products", Physical Review E, 84, 026117, (2011).
Ryohei Hisano, Takayuki Mizuno, "Sales distribution of consumer electronics", Physica A 390, 309-318, (2011).
"Analysis of the Economic Watcher Survey using Machine Learning", The Cabinet Office of Japan, January 31, 2018, Japan..
Technology Session, Panelist, 5th Global Forum on Responsible Business Conduct, 29-30 June 2017, OECD, Paris, France.
"Text Mining with Machine Learning", Bank of Japan Machine Learning Seminar, February 16, 2017, Japan.
"Analysis of index of industrial production with Machine Learning", Bank of Japan Machine Learning Seminar, February 9, 2017, Japan.
"Basics of Machine Learning", Bank of Japan Machine Learning Seminar, February 6, 2017, Japan.
"On the sales distribution of consumer electronics products", 29th Econopysics Seminar, Tokyo Institute of Technology, May 29, 2010.
"Semi-supervised Graph Embedding Approach to Dynamic Link Prediction", Ryohei Hisano, Complenet 2018, Northeastern University, Boston, Match 4-8, 2018.
"A new approach to building the interindustry input-output table using block estimation techniques", Ryohei Hisano, 2016 IEEE International Conference on Big Data (Big Data), 5-8 Dec. 2016.
"Infinite Sparse Block Model with Text using 2DCRP", The Research Institute of Economy, Trade and Industry Seminar, July 24, 2015.
"Role of the interfirm buyer-seller network in aggregate fluctuation and the effect of link renewal", The Research Institute of Economy, Trade and Industry Seminar, Jan 29, 2015.
"Identification of network effect in the buyer-seller network", 8th International Conference on Computational and Financial Econometrics (CFE 2014), Dec 6, 2014.
"Large scale empirical analysis of buyer-seller network and its role in the business cycle", Computationally intensive Methods in Statistics and Econometrics Satellite meeting of COMPSTAT 2014, Aug 23, 2014.
"Mining social structures from hundred million business news", ECCS 2012, Sep 3-7, 2012.
"Birth-death proportional growth model and social dynamics", W.E.H.I.A, 17th Annual Workshop on Economic Heterogeneous Interacting Agents, University of Pantheon-Assas, Paris II, July 21-23, 2012.
"Deviation from Zipf's law in ecology of competing products", International Workshop on Coping with Crises in Complex Socio-Economic Systems, ETH Zürich, June 20-24, 2011.
"Market share of household electrical appliances", Complex'09, Surugadai Memorial Hall, Chuo University, Nov 4-7, 2009.
"Sales distribution of consumer electronics", Econophysics Colloquium 2009, Centro Ettore Maiorana Erice, Oct 25-31, 2009.


HubSpot is the world's leading inbound marketing and sales platform. Since 2006, HubSpot has been on a mission to make the world more inbound.
HubSpot Academy is the worldwide leader in inbound marketing and sales education. Since 2012, HubSpot Academy has been on a mission to transform the way people and companies grow, offering online training for the digital age: courses, projects, certifications, and software training.


You'll be looking for gardeners who can handle the full range of gardening tasks all to the highest standard. M&M Gardening Services has provided gardening services to many satisfied customers throughout Grenoside and the nearby Worrall and Oughtibridge areas since 2007, and our hard won reputation for top class work at affordable prices grows by the year.
So we certainly offer the full range of services, but what makes M&M Gardening Services your ideal option?
We can provide as much or as little help as you need in your garden all year round. Whether you need the grass cut now and then, a clear out before the growing seasons of spring and summer, or a new wall built, we can help at any time.
Keep your garden looking superb and the envy of your Grenoside neighbourhood with your local experts.
Whatever your needs, we at M&M Gardening Services are the local friendly gardening experts to talk to, so ask for a quote today on 0114 304 9252.


text:
Tricks of the Trade Theatre
24 - 27 March 2022, NEC
Halls 9, 10 & 11
Register For More Info
Thursday 24 March 2022, 10am - 5pm
Friday 25 March 2022, 10am - 5pm
Saturday 26 March 2022, 10am - 5pm
Sunday 27 March 2022, 10am - 5pm
North Ave, Birmingham
B40 1NT
http://www.thenec.co.uk/
Venue queries: +44 (0)121 780 4141
Don't leave just yet!
Join our mailing list and be the first to find out the latest news and offers!


text:
Cognitive Science Society
Stem Cell Meeting on the Mesa
Brains R Us: The Science of Educating
The Rightful Place
The Science Review
The Science Reader
The Science Studio
Filmed Courses
12th EEGLAB Workshop
The Great Debate - What is Life?
Richard Dawkins with an introduction by Roger Bingham
Speakers: Richard Dawkins, Roger Bingham
DOWNLOAD Audio:
origins-what-is-life-dawkins.mp3
Report an issue with this video »
Richard Dawkins is a renowned evolutionary biologist and author. He is a Fellow of the Royal Society and was the inaugural holder of the Charles Simonyi Chair of Public Understanding of Science at Oxford University. His first book, The Selfish Gene, was an international bestseller and is now a classic work of modern evolutionary biology. His other books include The Blind Watchmaker, River Out of Eden, Climbing Mount Improbable, Unweaving the Rainbow, The Ancestor's Tale, and The God Delusion.
ASU Origins Project
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Welcome by Roger Bingham
Stem Cells (156)
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Add Apple Music to your Sonos in four simple steps.
You can also set up multiple Apple Music accounts on your Sonos, so everyone's playlists, libraries and favourites are always on hand.
In the Main Menu, tap Add Music Services.
Sign up for a free trial or sign in.


text:
George and James, in FC De Kampioenen?
With Gert Verhulst, and James Cooke to score with a Girl, Late at Night, FOUR and two, shows in the talk show, often also for their sense of humor. George and James also have two actingskills, and that was one of the readers of what is not to be missed.
In All, we see a call from a reader, An Swartenbroekx. An Swartenbroekx we've all been there, as Bieke from the FC to The Champions, but An he also wrote several screenplays for some of the hottest football team in the country.
Viewing Sunday 22nd of december 2019
Miljuschka Witzenhausen: I lit a candle for her son...
Karen Damen picks up a special birthday present from
Singer Demi Lovato, and model, of Austin Wilson...
Netflix makes a series about the Music
The first single, the 10-year-old "the...
Art Sullivan's death
Herman van der Zandt has been divorced and has a new...
Koen Crucke surprised, and husband renew vows!
Actress Eilish creates a new James Bond song


Sauls | Scuffalong: Genealogy. Sauls – Scuffalong: Genealogy.
C.D. Sauls, influential colored man of Snow Hill, invests.
Goldsboro Weekly Argus, 15 April 1897.
A little over a year later, North Carolina's secretary of state approved the incorporation of the Great Eastern Railway Company, which planned to build and operate a 130+ mile railroad passing through Johnston, Wayne, Greene, Pitt, Beaufort and Hyde Counties. Among the 25 stockholders incorporating the railroad? C.D. Sauls!
Raleigh Morning Post, 15 October 1898.
When I was in North Carolina for my mother's birthday, we had a great visit in Greene County with my new Sauls cousins. Before leaving, I made a copy of a photo of Isaac Sauls Jr., cousin Andrew's father — carpenter, mill owner, farmer and all-around shrewd businessman.
Photo courtesy of Andrew Sauls.
Grocer, farmer, investor, columnist, race man. Cain D. Sauls wore many hats. As this brief newspaper article reveals, justice of the peace was yet another.
Great Sunny South, 25 March 1898.
General merchandise, groceries, dry goods and notions.


Before 1869 the Reverend Grienmiller of Rockport, Missouri, came to conduct services in the homes of German settlers in Richardson County, Nebraska. The Zion Reformed Church was organized in 1871, and the first child baptized. The church was built eight miles south of Dawson in 1895. After the Reformed Church of the United States merged with the Evangelical Synod of North America in 1934, the name of this congregation became the Zion Evangelical and Reformed Church. In 1959 this congregation and the Congregational Church of Sebetha, Kansas, exchanged ministers to prepare for the coming merger of the two denominations to form the United Church of Christ. Church membership declined in the 1960s. The last Sunday service was held on June 3, 1973, and the building was demolished in 1974.
This collection of the records of the Zion Reformed United Church of Christ of Dawson, Nebraska, consists of two reels of microfilm containig thirteen volumes dating from 1878-1973. Included in this collection are church registers from 1878 to 1973, which list ministers, members, baptisms, marriages, confirmations, communion, and deaths. The collection also contains minutes of the consistory, 1919-1942, as well as the annual meetings of the congregation, 1903-1942. The remaining volumes are records of the Women's Guild, the Women's Missionary Society, the Zion Intermediate Society of Christian Endeavor, and the Sunday School.
The Nebraska Conference of the United Church of Christ loaned these records for microfilming in May of 1978 and January of 1981.


Design ,Build and Implement a proof of concept replacement for our computer grain weighing stations. The station needs to interface with our SAP system, downloading and uploading production data.
Some background, the environment that these computers are in is very dusty and very abrasive. The computers that are inside these machines are 30 years old and have ran way past there end of life. We are at a stage now though that if these die in anyway we have no replacement on hand and would basically be down 1 of the 5 lines of production if the machine failed. In determining all of this we realized that there really are no solutions that can be bought and implemented and what was need was a customized solutions to fit our need.
- Weigh Grain against a set Production order value giving the correct actual value.
- Grainstation must identify and move to each Grain Pipe when an order is up.
- Program interface will be written in VBasic2013 Requiring.
-User has ability to finalize orders and reupload them to SAP@ EOD.
-Grain weighing will be recorded with a push of a single button.
-Grain station must move to the next grain tube.
We have a concept on paper with a rough cost estimate for the machine itself. Programming needs to be completed for the touch interface once we receive the concept computer terminal.


text:
9th Annual Doc Watson Day Celebration Friday
Published: Friday, June 21, 2019 at 8:46 am
Jack Lawrence and Patrick Crouch will perform together this Friday at the Doc Watson Day Celebration.
The ninth annual Doc Watson Day Celebration takes place at the Jones House Friday, June 21, starting at 4:00 p.m., featuring performances by Brooks Forsyth, Charles Welch, the Burnett Sisters, Jack Lawrence and Patrick Crouch, and The Jeff Little Trio.
In 2011, Mayor Loretta Clawson declared the third Friday in June as Doc Watson Day, and the downtown statue of Watson picking his guitar on a bench was unveiled. Watson attended and gave one of his final performances in Boone, passing away the following spring.
The Town of Boone has continued the Doc Watson Day Celebration each year, having hosted a number of performers including The Kruger Brothers, Buck Stops Here, the Honey Chasers, The Sheets Family, Jay Brown, and many others, including most of this year's performers.
Friday's concert will feature the first Doc Watson Day performance by The Burnett Sisters. The Burnett Sisters include sisters Kathleen, Anissa, Sophia, and Anni. All four of the sisters are current or previous participants in the Boone Junior Appalachian Musicians, a music lessons program that takes place at the Jones House.
"We are really excited to have the Burnett Sisters come home to the Jones House to take part in this year's festivities," says concert organizer, Mark Freed. "Kathleen and Anissa are now off at the ETSU bluegrass program and doing wonderful things."
Kathleen and Anissa were also part of the popular local string band Strictly Strings. Sophia and Anni are part of another youthful local string band, Tater Hill Mashers.
Brooks Forsyth will start the Doc Watson Day celebration.
Brooks Forsyth grew up around Boone, and he has played at the Jones House with a number of bands and as a solo performer over the years. He released his newest album this spring, and he has been touring in support of the project. Forsyth will also be at the Jones House on Thursday night, June 20, to lead a Doc Watson-themed jam session from 5:30-7:30. The jam session is free and open to participants and listeners alike.
Friday's Doc Watson Day celebration concert will begin at 4:00 p.m. with Brooks Forsyth, followed by The Burnett Sisters, then Charles Welch.
Welch is a longtime friend and performing partner with Doc Watson. He grew up in the area and was school friends with Doc's son, Merle Watson.
Freed says, "Charles always has great stories to share about traveling with Doc and Merle as a young man or performing with Doc during the last couple decades of his career."
Jack Lawrence was another long-time picking partner with Doc Watson, and he will follow Welch with a performance with his good friend and picking partner, Patrick Crouch. Crouch is a notable regional musician who plays in many area bands and his own Strictly Clean and Decent. Lawrence started playing shows with Doc Watson after Merle Watson died in a tractor accident, and he became a staple musician at concerts and on recording projects.
Jeff Little Trio will conclude the Doc Watson Day Celebration concert.
The Jeff Little Trio will conclude the concert, featuring Little on keyboard, Steve Lewis on guitar and banjo, and Josh Scott on bass. Little grew up in Boone hanging out at his father's music store, where lots of local pickers would gather, including Doc Watson. Little developed a distinctive two-handed style, much influenced by the mountain flat-picked guitar tradition with speed, precision, and clarity. A professional musician since the age of 14, Little is conversant with traditional old-time country, bluegrass, Rockabilly, and blues. After years in Nashville working as a session musician, Little returned to the Blue Ridge, and today he is the Director of Entertainment Technology Program at Northeast State in Bristol, TN. Lewis is an award-winning guitar and banjo champion and music teacher, who lives in Ashe County. Lewis has created a legacy in northwest North Carolina not only for bringing home hundreds of his own blue ribbons for guitar and banjo picking, but for his many students who have gone on to have successful music endeavors. Scott is an upright bass master from Ashe County, who has been featured on stage and in the studio with many critically acclaimed artists of acoustic and Americana music.
The Doc Watson Day Celebration and the weekly Friday Summer Concerts at the Jones House are free. Patrons are encouraged to bring their own chair or blanket to sit under the giant maple trees in the front lawn of the community center. For the Doc Watson Day Celebration, the Jones House will also have extra seats set up for the first dozen rows that are open to all.
Performances take place rain or shine. In extreme inclement weather, the concerts are moved inside the Jones House to the Mazie Jones Gallery, which can seat the first 40 patrons on a first-come-first-serve basis.
The 2019 Summer Concerts at the Jones House are produced by The Town of Boone's Cultural Resources Department and sponsored by the Downtown Boone Development Association, Mast General Store, M-Prints, Burton Moomaw Acupuncture, Rosemary Horowitz and Jerry Hyman, Melanie's Food Fantasy, and Stick Boy Bread Company. For more information about the series, including a complete schedule of performances, please visit www.joneshouse.org or call 828.268.6280.
Charles Welch and John Kirby
Categories Events, Front Page Post navigation
Wahoo Adventures Hosts A Day of River Tubing and Outdoor Fun at Float Fest on June 23
Engel & Volkers Opens Real Estate Office in Banner Elk; Proceeds Benefit High Country Charitable Foundation


text:
DESIGN PATENT PRO
DESIGN PATENT LAW AND PRACTICE
By: Robert G. Oake, Jr.
a single significant difference in simple fishing lure design supports summary judgment of non-infringement
Pro-Troll Inc. v. Proking Spoon LLC, 20-cv-01576, 2021 U.S. Dist. LEXIS 241269 (D.C. Minn. Dec. 17, 2021)
D516,663 (Fishing Lure)
D516,663 FIG. 1
Accused Product
Comparison of patented and accused designs (from KMDA's Memorandum in Support of its Motion for Summary Judgment [Doc. 38])
Prior Art US6279260B1
Prior Art US3568351A
1. Effect of Notice of Intent to Issue a Reexamination Certificate on Non-Infringement Decision
Be careful of the effect a reexamination may have on a later infringement action. Here, the District Court incorporates the rationale and conclusions in the Notice of Intent to Issue Ex Parte Reexamination Certificate (Reexamination) into its reasoning for finding non-infringement. In particular, the District Court notes the focus in the Reexamination on the presence of the electric voltage generator and its specific orientation, position, shape, and size. The District Court also emphasizes the absence of the electric voltage generator in the accused design.
Practice Point: When filing a Petition for Supplemental Examination or a Petition for Reexamination (or responding to examiner's comments), consider anticipating the potential effect of the reexamination on future infringement arguments. Although positions taken during reexamination may help preserve patent validity, they also may strengthen non-infringement arguments. Accordingly, consider challenging or commenting on examiner's conclusions not necessary to patentability.
For example, the examiner's conclusion in the Reexamination is questionable that some of the cited prior art is basically the same as the patented design and can serve as a primary reference. No single prior art reference contains the major design elements of two bent ends and a fin. The focus for patentability during reexamination could have been on the lack of a primary reference due to the lack of a fin rather than on the presence and position of an electric voltage generator, which likely would have changed the infringement analysis.
Finally, note that it appears to be unclear whether the District Court'reasoning equates the test for patentability with the test for infringement or whether the reasoning is more in the form of prosecution history estoppel that may limit the scope of the claim.
2. Ordinary Observer Test focus on Entire Design versus Design Element
The district court focuses its infringement analysis on the patented design having an electric voltage generator and the accused design having a second fin instead of an electric voltage generator. The Court considers this focus on a single design element proper under the principle of Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 678 (Fed. Cir. 2008) (en banc) that "[w]hen the differences between the claimed and accused design are viewed in light of the prior art, the attention of the hypothetical ordinary observer will be drawn to those aspects of the claimed design that differ from the prior art." Id. at 676. Since the focus during reexamination was on how the generator design element differed from the prior art, this is the Court's focus during the infringement analysis.
Although this prior art principle from Egyptian Goddess is correct, it also is important to simultaneously apply and explain the principle from Egyptian Goddess that infringement of a design patent is based on the design as a whole and that differences must be "evaluated in the context of the claimed design as a whole, and not in the context of separate elements in isolation." Ethicon Endo-Surgery, Inc. v. Covidien, Inc., 796 F.3d 1312, 1335 (Fed. Cir. 2015) (citing Richardson, 597 F.3d at 1295).
This requirement can present a challenge in many cases. Since designs necessarily are made up of individual design elements and design differences are more easily observed and explained on an element-by-element basis (as in utility patents), it can be challenging to transform a comparison done element-by-element into a comparison done as a whole. Courts use different techniques in an effort to meet this challenge.
As an initial matter, it is procedural error not to make any effort to compare the designs as a whole. For example, it is error to simply use a checklist to compare individual design elements without considering the effect of the individual design elements on the designs as a whole.
Some courts make a minimal effort to satisfy the "as a whole" analytical requirement by simply stating and concluding, for example, that "these individual design differences, when considered collectively, make the patented and accused designs, when considered as a whole, not substantially the same (or plainly dissimilar)."
Other courts provide a more substantive analysis that translates individual design differences into an "as a whole" comparison by pointing out the similarities and differences in overall visual themes. For example, in High Point Design, the Court observed "[t]he Fuzzy Babba design appears soft and formless, whereas the claimed design appears structured and formed" and "[t]hese differences are reflected in the ornamental aspects of each of the designs." In Richardson, the Court stated "[e]ach of the Fubar tools has a streamlined visual theme that runs throughout the design including elements such as a tapered hammer-head, a streamlined crow-bar, a triangular neck with rounded surfaces, and a smoothly contoured handled" and "[i]n a side-by-side comparison with the '167 patent design, the overall effect of this streamlined theme makes the Fubar tools significantly different from Richardson's design." In Crocs, the Court stated "[a]nother overall effect of the design is a visual theme of rounded curves and ellipses throughout the design, including the strap forming a sort of continuation of the sidewall of the base to create a visually continuous ring encircling the entire shoe," "[o]ther examples of rounded curves or ellipses in the design are the ellipses formed by the strap and the foot opening in the base," and "[b]oth the claimed design and the accused designs have these overall effects."
Although the thematic approach is an effective way of satisfying the "as a whole" requirement, some design comparisons do not lend themselves easily to the thematic approach. For example, differences may exist between various elements in designs where it is difficult to perceive any similar or different visual themes in the overall designs. In cases such as this, courts tend to use comparative words of degree to describe design elements that, at least impliedly, suggest that the effect of individual elements on the whole design is being considered. For example, courts use such terms as major, minor, greater significance, readily apparent, most striking differences, markedly apparent, and jumps out. These words and phrases attempt to explain why a particular design feature or set of features is a visual focal point when an ordinary observer views and compares the designs as a whole. The focal point may exist due to the prior art, the nature of the design itself, or a combination of the two. For example, in Crocs, the court states "[m]ultiple major design lines and curves converge at that point creating a focal point attracting the eye of the ordinary observer when viewing the overall effect of the design."
The simplicity of a design also can be a factor in creating a visual focal point that draws the attention of the ordinary observer. When the design is simple, just one significant difference can substantially alter the overall visual impressions of the two designs. For example, in the instant case, Pro-Troll, the Court observes that "the difference between the appearance of the electric voltage generator in the '663 Patent and the accused designs here is not minor—it jumps out at the observer, when the designs are compared side-by-side...." and "[h]ere, the design is fairly simple, and including a second fin, and not the electric voltage generator, is a significant departure." Also mentioned by the Pro-Troll court is Super-Sparkly Safety Stuff v. Skyline USA where the "court also noted the 'patent claims a very simple design,' and consequently removing one of the elements of that simple design, as the accused design did, 'is a significant departure from the claimed design.'"
3. Plainly Dissimilar
An important ambition of design patent law is to create a framework of principles that can help make an inherently subjective analysis more objective and predictable. The principles can be complex with subtleties and nuances. For that reason, it is important that terminology used by the courts to describe various principles remain consistent. In this case, use of the term "plainly dissimilar," while not incorrect under the analysis, appears to be different than the way the term is used in Egyptian Goddess, where the Court stated:
"In some instances, the claimed design and the accused design will be sufficiently distinct that it will be clear without more that the patentee has not met its burden of proving the two designs would appear "substantially the same" to the ordinary observer, as required by Gorham. In other instances, when the claimed and accused designs are not plainly dissimilar, resolution of the question whether the ordinary observer would consider the two designs to be substantially the same will benefit from a comparison of the claimed and accused designs with the prior art, as in many of the cases discussed above and in the case at bar. Where there are many examples of similar prior art designs, as in a case such as Whitman Saddle, differences between the claimed and accused designs that might not be noticeable in the abstract can become significant to the hypothetical ordinary observer who is conversant with the prior art." (emphasis added). 543 F.3d at 678.
Egyptian Goddess therefore appears to use the term "plainly dissimilar" to describe two designs sufficiently distinct that it is clear without reference to the prior art that an ordinary observer would not consider the overall designs to be substantially the same. When two designs are not plainly dissimilar, then Egyptian Goddess counsels that it may be helpful to do the comparison in light of the prior art. In Pro-Troll, the court states "[c]omparing the '663 Patent's design to the accused designs, the ordinary observer, with that prior art context, would observe that while the claimed and accused designs are broadly similar—sharing an overall shape, eyelets on each end, and, on one end, a fin shaped like a narrow box angling diagonally relative to the sides of the lure—the claimed design has the electric voltage generator, with its particular orientation, position, shape, and size." The Court's conclusion that "[t]he claimed and accused designs are plainly dissimilar" is made only after the Court has compared the designs in light of the prior art, which has drawn the attention of the ordinary observer to the difference in the electric volt generator in the claimed design and the second fin in the accused design. The use of "plainly dissimilar" in Pro-Troll therefore is different than how the term is used in Egyptian Goddess.
The Court states that its analysis is similar to the conclusion reached in Super-Sparkly, but a careful reading of that case indicates that the analysis is different and more in line with Egyptian Goddess. In Super-Sparkly, the Court observed that the '172 patent "claims a very simple design, in which rhinestones are applied to two surfaces of a canister: the vertical cylinder and the bottom. Removing the rhinestones from one of these surfaces—the bottom—is a significant departure from the claimed design. The '172 Patent and the accused design are thus plainly dissimilar; because the accused design lacks rhinestones on one of the two surfaces decorated in the claimed design, an ordinary observer would not find the two designs substantially the same." 836 F. App'x at 898 (emphasis added). The Court therefore made the plainly dissimilar conclusion without considering the prior art as in Egyptian Goddess.
The Super-Sparkly Court then stated "[e]ven assuming that the two designs are not 'plainly dissimilar,' a comparison with the prior art makes clear that the accused design does not infringe the '172 Patent." Id. The Court noted that the prior art included pepper spray canisters with rhinestones around the canister but not on the bottom and stated "[p]er Egyptian Goddess, then, the Pepperface design highlights that the key difference between the '172 Patent and the accused design is that the bottom of the cylinder is decorated with rhinestones. As such, the attention of a hypothetical ordinary observer conversant with bedazzled pepper spray canisters would be drawn to the presence or absence of rhinestones on the bottom of the cylinder." Id. The Court concluded that "[t]he hypothetical ordinary observer would therefore find significant the lack of rhinestones on the bottom of the accused design and would not confuse the accused design with the '172 patent," and "[t]he district court correctly concluded that the ordinary observer test necessitates a finding of non-infringement." Id. at 898-899. The Court did not further state that the prior art analysis made the designs plainly dissimilar, which follows the conventional analysis set forth in Egyptian Goddess.
Practice Point: To help maintain consistency and to avoid confusion in design patent law, consider not referring to designs as plainly dissimilar after a prior art analysis when the designs were considered not plainly dissimilar before the prior art analysis was performed.
4. Side-by-Side Comparison
The Court compares the patented and accused designs side-by-side ("the difference between the appearance of the electric voltage generator in the '663 Patent and the accused designs here is not minor—it jumps out at the observer, when the designs are compared side-by-side, that the piece next to the first fin is different in each.") (emphasis added). Comparing the patented and accused designs side-by-side in the infringement analysis has been the express position of the Federal Circuit since at least 2007 when the Court stated in Arminak & Assocs. v. Saint-Gobain Calmar, Inc., 501 F.3d 1314 (Fed. Cir. 2007) that there was "no authority" supporting the argument that it is improper for a "district court to do a detailed side-by-side comparison between the patented design and the accused design." Id. at 1327.
The position of the Federal Circuit is questionable. The authority cited in the case does not support it, the position is inconsistent with prior federal case authority, and it is arguably inconsistent with Supreme Court authority. Regarding the authority cited in the case, the Federal Circuit states "[t]o establish infringement in a design patent case, the district court is required to compare the patented design with the accused design," citing Elmer v. ICC Fabricating, Inc., 67 F.3d 1571, 1577 (Fed. Cir. 1995). However, there are different ways to compare designs (including not side-by-side), and Elmer does not state that the comparison should be done side-by-side. No other authority is cited in Arminak for the side-by-side comparison.
In Gorham v. White, 811 U.S. 511 (1872), the Supreme Court indicates it is improper for an expert who examines the articles containing the patented and accused designs side-by-side to make the comparison. Although the Supreme Court never expressly states whether it is proper or improper for a non-expert to compare the designs side-by-side (see also on this point Dyson, Inc. v. Sharkninja Operating LLC & Sharkninja Sales Co., No. 14-cv-779, 2018 U.S. Dist. LEXIS 234546, at *27 n.4 (N.D. Ill. Mar. 29, 2018)), the expert testimony relied upon by the Court suggests that comparisons by the non-expert purchasers referred to were not done side-by-side. One expert testified that an ordinary observer would be deceived after seeing the patented design at one end of a table and the accused design at the other end. Another testified "[t]he patterns are substantially different, but ordinary purchasers, seeing them apart, would mistake one for the other." (emphasis added). Gorham specifically cites expert testimony that "seven out of ten customers who buy silverware would consider them the same." This excerpt comes from the testimony of Martin Smith, merchant jeweler dealing in silver spoons and forks for ten years, that "[i]n my judgment, if the White pattern were placed in a store different from that in which they had before seen the cottage pattern, seven out of ten customers who buy silverware, would consider it the same pattern." (emphasis added).
Case law following Gorham also indicates that a side-by-side comparison is improper. In Ashley v. Weeks-Numan Co., 220 F. 899 (2nd Cir. 1915), the Court stated "[i]t is not a proper test to place the two inkstands side by side, to determine whether or not there are certain differences. On the contrary, the correct test is whether the ordinary observer, giving such attention as a purchaser usually gives, would purchase the defendant's inkstand, believing it to be that of complainant's...." Id. at 902. In Try-Me Beverage & Compound Co. v. Metropole, 25 F.2d 138, 141 (D.S.C. 1928), the Court quoted Coco-Cola Co. v. Whistle Co., 20 F.(2d) 955, (D. Del.) that "[i]t may also be assumed, without deciding, that it is infringement to imitate the characteristic feature of the patented article or design, even though there are other differences; that side by side comparison in court is not a proper test (Friedberger-Aaron Mfg. Co. v. Chapin [C.C.A.] 151 F. 264); and that the true criterion is whether defendant's bottle so resembles the design of the patent in suit that thereby ordinary observers or would-be purchasers would be misled (Borgfeldt & Co. v. Weiss [C.C.A.] 265 F. 268)." (emphasis added). In Inflexible Co. v. Megibow, 251 F. 924 (D.N.J. 1918), the Court, finding infringement, states "[d]oes the defendant's design infringe? While there are marked differences between the laces here drawn into question, readily perceived when placed side by side, they are unnoticed when the laces are viewed separate and apart from each other." Id. at 924. (citing Gorham, supra, Smith v. Whitman Saddle Co., 148 U.S. 674 (1893), and Ashley, supra).
In his treatise Patents for Designs (1929), attorney William D. Shoemaker states "[t]he test for substantial identity is to be made by 'giving such attention as a purchaser usually gives,' and not by making a minute side by side comparison." (citing Gorham, Smith, Inflexible, Ashley, Try-Me Beverage, and Friedberger-Aaron).
In Hutzler Mfg. Co. v. Bradshaw Int'l, Inc., 2012 U.S. Dist. LEXIS 103864, *28 (S.D.N.Y. July 24, 2012), the District Court recognized that "[t]he case law is not entirely consistent as to whether side-by-side comparison of the patented and allegedly infringing products is appropriate." (citing various authorities including Sanson Hosiery Mills, Inc. v. S.H. Kress & Co., 109 F. Supp. 383, 384 (D.N.C. 1952) ("Actual comparison for minute inspection is not a fair test. The imitation may be on display when the patented article is not present.... A design patent protects the general design, the pictured effect on the mind from a general view, rather than details revealed by a minute test. Therefore, testimony of a comparison test is not exclusive nor conclusive."); also citing Arminak, Richardson, Crocs, Inc. v. Int'l Trade Comm'n, 598 F.3d 1294 (Fed. Cir. 2010)). It appears the Court did not use a side-by-side comparison approach when analyzing infringement. ("[A] consumer who has seen Hutzler's design in a store, and later sees Bradshaw's products, is likely to purchase the latter believing it to be the former. Accordingly, Hutzler has established a likelihood of success on the merits of its patent infringement claim."). Id. at *45-46. (emphasis added).
One District Court appears to have considered what typically happens in real life regarding the ordinary observer purchaser. In Amerock Corp. v. Unican Sec. Systems Corp., 1981 U.S. Dist. LEXIS 17467 (E.D.N.C. 1981), the designs involved kitchen cabinet hardware. Testimony at trial established that the ordinary observer was the ultimate consumer and that hardware consumers generally did not have the opportunity to view different designs of hardware simultaneously. The Court stated "[t]herefore, differences between the patented and the accused design that are apparent in a side-by-side comparison will not necessarily dictate a finding of non-infringement." Id. at *6.
District Courts have split on their willingness to accept design patent infringement survey evidence based on comparisons not done side-by-side. In Competitive Edge, Inc. v. Staples, Inc., 763 F. Supp. 2d 997 (N.D. Ill. 2010), survey participants were shown calculators on one day. Then two days later, the participants were shown other calculators and asked if they thought they had seen the same calculators more than once. The Court criticized the procedure and stated there was no evidence "that a 48-hour delay has any bearing on the conditions under which purchasers of the products, whom Plaintiffs admit to be sophisticated consumers of advertising and promotional specialties, make their buying decisions." Id. at 1009. The Court then engaged in its own analysis of the differences between the patented and accused designs without explaining whether its own comparative process had any bearing on the conditions under which purchasers made their buying decisions.
In Delta T, LLC v. Dan's Fan City, Inc., No. 8:19-cv-1731-VMC-SPF, 2021 U.S. Dist. LEXIS 24422 (M.D. Fla. Feb. 9, 2021), the District Court approved of a survey where three hundred respondents first completed a series of comparative tests involving the patent design, accused design, and the prior art. The respondents then completed a deception task, where they (1) were shown the patented fan design and told to give it as much attention as if they had decided to purchase it, (2) then shown an unrelated two-minute video to minimize short-term memory recall, and (3) were provided with a number of photos of fans. "The patented fan shown prior to the video was omitted from the photos, and the respondents were asked to select that first fan from the list, with the following option included: '[T]he ceiling fan design I imagined purchasing is not in the list.' The results of these tasks were then put through a number of statistical analyses." The Court held that any flaws in the survey went to weight and not admissibility.
Practice Point: The Federal Circuit's adoption of a side-by-side comparison approach arguably is inconsistent with the Gorham ordinary observer test, as explained above. The Federal Circuit likely favors a side-by-side approach because it is simple, easy to apply, inexpensive for the litigants, and is similar to the side-by-side, element-by-element claim chart approach used in utility patent infringement cases. Most of these are good reasons for using a side-by-side comparative approach as the default method. However, for litigants who believe that a comparative approach not done side-by-side will make a difference in their cases and who are willing to spend the time, money, and effort on relevant, credible, and reliable alternative approaches, district courts should be receptive to considering such alternative approaches in light of a careful reading of Gorham and the way some courts have interpreted the ordinary observer test in a way that differs from the Federal Circuit.
Robert G. Oake, Jr.
Registered Patent Attorney
Board Certified - Patent Litigation Board Certified - Civil Trial Law
National Board of Trial Advocacy
Member - Texas Bar College
LLM - Patent and Intellectual Property Law
Copyright © 2022, All rights reserved, Robert G. Oake, Jr., Oake Law Office, PLLC, 700 S. Central Expressway, Suite 400, Allen, Texas 75013 rgo@oake.com
LEGAL DISCLAIMER: This website is owned and maintained by Oake Law Office, PLLC (the Law Office). The information on this website is general in nature and should not be considered as legal advice or legal opinion. Although efforts are made to maintain the accuracy of the information on this website, omissions or errors may occur. The Law Office disclaims any liability as to the information on this website. This website is not an offer to represent you or to perform legal services. An attorney-client relationship with the Law Office only will be established after the Law Office decides that it is willing and able to accept the engagement, and the Law Office and the client enter into a written engagement letter.


Thanks! Made my 1024x768 screen much more bearable.
This is not yet "small", I face the same problem which I am not using gnome as my wm, I want my toolbar icon small and the smallest I can have is 14,14 which is still huge.
Actually gnome-settings-daemon fix the thing, but the daemon is bulky.


The SunTrust Foundation and Boys & Girls Clubs of America forged a $1 million, three-year partnership in the fall of 2018 to help support Boys & Girls Clubs of America's Workforce Development Effectiveness Project. The project will equip Clubs with the tools, resources and competencies necessary to enhance and sustain workforce effectiveness programs at their Clubs. Having strong workforce development in place will not only help guide youth to develop 21st-century skills but also help them develop a clear vision of their future career goals and put them on a path toward financial confidence.
Each year, a cohort of Boys & Girls Clubs will self-assess current workforce programming and receive ongoing training and support from Boys & Girls Clubs of America, as they develop and execute on action plans that will position the local Club as an effective workforce readiness option for youth in the community. Club teens will also have the foundation they need to explore various career opportunities and develop their workforce skills.
Thanks to the SunTrust Foundation's support, over the next three years, nearly 45 Clubs will have a workforce development plan in place. In 2019, 12 Clubs in Georgia, Florida, South Carolina and Tennessee will kick off the program.
The SunTrust Foundation is dedicated to SunTrust Bank's (NYSE: STI) purpose of Lighting the Way to Financial Well-Being by engaging organizations to advance financial confidence. Grants and activities focus primarily on financial empowerment, but also include education, health and human services, civic improvement and cultural growth. The SunTrust Foundation supports American Red Cross disaster relief efforts and contributes as a United Way Global Corporate Leader. Established in 2008, the SunTrust Foundation has proudly provided grants totaling more than $160 million throughout the United States.