Appeal No. 98-1380
Application 08/786,741
resolved is whether that sale gave rise to an on-sale bar under
35 U.S.C. § 102(b).
According to Mr. Bradbury’s Supplemental Declaration:
5. As of October 14, 1993, many of the
individual mechanical components of the MBCI
roll former were not completely fabricated or
were not yet received by Bradbury from
outside companies responsible for the
fabrication.
6. As of October 14, 1993, the overall
assembly of the components of the mechanical
system of the MBCI roll former had not yet
begun. That overall assembly began in
December, 1993.
7. As of October 14, 1993, the MBCI roll
former was not operable.
8. As of October 14, 1993, the MBCI roll
former had not been tested.
This evidence establishes that, as of the critical date, there
was no physical embodiment of the machine in existence, and
consequently it had not been actually reduced to practice.
However, a physical embodiment of the invention, or actual
reduction to practice, are not necessarily prerequisites to
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