Interference No. 103,146
problem was mitigated by the manufacturing expedient of
cleanliness, i.e., providing the assembly workers with finger
cots. BX-107. Cleaning up the manufacturing work area would
not have been unobvious.
Attention is also directed to Leichsenring, Jr. v.
Freeman, 103 F.2d 378, 41 USPQ 478 (1939), wherein it was held
that a vehicle braking system was reduced to practice
notwithstanding a leakage problem. In that instance, it was
only necessary to show that the invention in question
performed satisfactorily with respect to the generic problem
the invention was designed to solve.
Most importantly, in the present case, the apparatus
has been shown to be successful for its intended purpose,
notwithstanding some examples of the apparatus leaked after
pilot production, during testing. That some examples of the
article leaked might have been conclusive evidence of no
reduction to practice, if the interference count were directed
to the method of making the closed loop injectate unit. Here,
of course, the invention is directed to an article, and as
long as the article is successfully tested for its intended
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