Paper No. 116
Filed by:
Merits Panel Filed
Mail Stop Interference 3 May 2006
P.O. Box 1450
Alexandria Va 22313-1450
Tel: 571-272-9797
Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
HENKEL CORPORATION
Junior Party,
(U.S. Application Nos. 09/446,434 and 09/446,578),
v.
THE PROCTER & GAMBLE COMPANY
Senior Party,
(U.S. Patent No. 6,399,564).
_______________
Patent Interference No. 105,174 (SCM)
_______________
Before: PATE, MEDLEY and TIERNEY, Administrative Patent Judges.
TIERNEY, Administrative Patent Judge.
1 JUDGMENT - BD.R. 127
2 Pursuant to the panel decision on priority (Paper No. 115), it is:
3 ORDERED that judgment as to the subject matter of Count 2 (Paper No. 87, p. 10), is
4 awarded against junior party Henkel Corporation (“Henkel”).
5 FURTHER ORDERED that junior party Henkel is not entitled to a patent containing
6 claims 31, 34, 35, 37 and 41 of U.S. Application No. 09/446,434 and claims 25, 27, 31-36, 41
7 and 44 of U.S. Application No. 09/446,578.
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Last modified: November 3, 2007