Ex Parte Boskamp

Board of Patent Appeals and Interferences

Oct 28, 2004

10740392 (B.P.A.I. Oct. 28, 2004)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 52
Filed by: Trial Section Merits Panel
Mail Stop Interference
P.O. Box 1450 Filed:
Alexandria, VA 22313-1450 28 October 2004
Tel: 571-272-9797
Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES MAILED
P4
LEVER BROTHERS CO. OCT 2 8 2004
Tr
Junior Party, PAT& TM OF91CP
Z
.14 (Reissue application 10/740,392), F BOARD OF PAT,8FfK0,irFiAoPrAL5 -AND INTERFEREN, 'L.
V.
HENKEL KGAA
Senior Party,
(Application 09/380,739).
Patent Interference No. 105,143
Before: McKELVEY, Senior Administrative Patent Judge, and MEDLEY and MOORE,
Administrative Patent Judge .
MEDLEY, Administrative Patent Judg
JUDGMENT-RULE 127
For the reasons given in the Decision on Preliminary Motions (Paper 5 1), judgment is
herein entered against junior party Lever. In particular, Lever has not alleged a date of invention
with respect to the subject matter of the count prior to the senior party Henkel's earliest accorded
benefit date of I I March 1997 (Paper 32). Moreover, Lever did not challenge Henkel's accorded
benefitdate. Accordingly, judgment is entered against junior party Lever. Itis
ORDERED that judgment as to the subject matter of the count is herein entered against
junior party LEVER BROTHERS CO.;
FURTHER ORDER-ED junior party LEVER BROTHERS CO. is not entitled to
claims 1-45 which correspond to the count;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and 37 CFR § 41.205; and
FURTHER ORDERED that a copy of thisjudgment be filed in the respective involved
applications of the parties.
mcj<
FRED E. McKELVEY, Senior
Administrative Patent Judge
)ý'/ , ý' OARD OF PATENT
CEY APPEALS AND
Administrat Patent Judge )fNTERFERENCES
JXMtS TAM60RE
Administrative Patent Judge
cc (via federal express):
Counsel for LEVER BROTHERS CO.:
Mr. Victor N. Balancia, Esq.
MORGAN, LEWIS & BOCKTUS LLP
I I I I Pennsylvania Avenue, N.W.
Washington, DC 20004
Tel: 202-739-3000
Counsel for HENKEL KGAA:
Rudolf E. Hutz, Esq.
CONNOLLY BOVE LODGE & HUTZ LLP
The Nemours Building
1007 North Orange Street
Wilmington, DE 19801
Tel: 302-658-9141