LEMKEv.TERRY et al.

Board of Patent Appeals and Interferences

Oct 22, 1997

07768284 (B.P.A.I. Oct. 22, 1997)

Patent No. 4,978,031, issued 12/18/90 based on Application1
07/376,663, filed 7/7/89. Assignee: Wilkinson Sword GMBH.

Application 07/768,284, filed 11/13/91. Accorded benefit2
of PCT/US90/01853, filed 4/4/90, and British Application
8908329.9, filed 4/13/89. Assignee: The Gillett Company.
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today (1)
was not written for publication in a law journal and (2) is not
binding precedent of the Board.
Paper No. 46
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
MAX LEMKE,
Junior Party, 1
v.
JOHN C. TERRY, FRANK E. BROWN, AND STEPHEN L. RAWLE,
Senior Party. 2
Patent Interference No. 103,362
______________
JUDGMENT
_______________
Metz, Pate, and Martin, Administrative Patent Judges.
Martin, Administrative Patent Judge.
In accordance with Lemke’s January 10, 1997, request
for entry of adverse judgment, judgment as to the subject matter
Interference No. 103,362
2
of the count is hereby entered against Lemke, who is therefore
not entitled to a patent including his application claims that
correspond to the count, i.e., claims 1-18. As a result,
judgment as to the subject matter of the count is awarded to
Terry et al., who are therefore entitled to a patent including
their claims that correspond to the count, e.e., claims 1-6.
_____________________________ )
Andrew H. Metz )
Administrative Patent Judge )
)
)
)
_____________________________ ) BOARD OF PATENT
William F. Pate, III )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
_____________________________ )
John C. Martin )
Administrative Patent Judge )

Interference No. 103,362
3
For the party Lemke:
Arnold H. Krumholz, Esq.
LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLICK
600 South Avenue West
Westfield, NJ 07090
For the party Terry et al.:
R. Danny Huntington, Esq.
BURNS, DOANE, SWECKER & MATHIS
P.O. Box 1404
Alexandria, VA 22313-1404