DELACHAPPELLE 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               journal and (2) is not binding precedent of the Board.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                                                                
          Filed by:  Bruce H. Stoner, Jr.                                             
          Chief Administrative Patent Judge                                           
          Box Interference                                                            
          Washington, D.C.  20231                                                     
          Tel:  703-308-9797                                                          
          Fax:  703-308-7952                                                          
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                   _______________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                   _______________                                    
                       ALBERT De La CHAPELLE, BERT VOGELSTEIN                         
                               and KENNETH W. KINZLER                                 
                                    Junior Party,                                     
                                         v.                                           
                        STEVEN N. THIBODEAU and GARY D. BREN                          
                                    Junior Party,                                     
                                         v.                                           
                         MANUEL PERUCHO, MIGUEL A. PEINADO,                           
                           YURIJ IONOV, SERGEI MALKHOSYAN,                            
                          MICHAEL McCLELLAND and JOHN WELSH                           
                                    Senior Party.                                     
                                   _______________                                    
                           Patent Interference No. 103,859                            
                                   _______________                                    
          Before STONER, Chief Administrative Patent Judge, and CALVERT               
          and WILLIAM F. SMITH, Administrative Patent Judges.                         
          STONER, Chief Administrative Patent Judge.                                  
                            JUDGMENT UNDER 37 CFR § 1.662                             
               On April 27, 2000, Party Perucho et al. filed a document               
          under 37 CFR § 1.662 requesting judgment in their favor as to the           




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