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                was not written for publication in a law journal and (2) is not                                                               
                binding precedent of the Board.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                                                              


                         1Patent No. 4,978,031, issued 12/18/90 based on Application                                                          
                07/376,663, filed 7/7/89.  Assignee: Wilkinson Sword GMBH.                                                                    

                         2Application 07/768,284, filed 11/13/91.  Accorded benefit                                                           
                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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