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entered today is not binding precedent of the Board.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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