LEMKE V. TERRY et al. - Page 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              was not written for publication in a law journal and (2) is not                                          
              binding precedent of the Board.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                                         


                     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.                                                
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