Ex Parte BOSKAMP - Page 1




                                           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                                        entered today is not binding precedent of the Board.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                                                 

                                               LEVER BROTHERS CO. OCT 2 8 2004                                           
                                                      Junior Party, PAT& TM OF91CP                                       
                                            (Reissue application 10/740,392), F BOARD OF PAT,8FfK0,irFiAoPrAL5P4   Z                 
                                                                                                 Tr.14                    
                                                                                         -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              







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