Interference No. 103,446
requirements of the count in this interference as of July 21,
1988, the date of the stipulation. Lacotte v. Thomas, 758
F.2d 611, 225 USPQ 633, 634 (Fed. Cir. 1985); Knorr v.
Pearson, 671 F.2d 1368, 1373, 213 USPQ 196, 200 (CCPA 1982);
Berges v. Gottstein, 618 F.2d 771, 205 USPQ 691, 695 (CCPA
1980). Accordingly, we find that the plaques prepared and
tested in February and March of 1986 and those prepared and
tested in March and May 1988, including the "glow box" test
results for said plaques, meet all the requirements of Count 1
not later than July 21, 1988, the date the parties have
stipulated Sanns learned from Dr. Gary Freeman from J.M. Huber
that WG-2 mica "satisfied the aspect ratio and thickness
limitations of the Count in interference."
We consider Martinez' argument that the activity by
Marsh on behalf of Sanns in 1986 constitutes an actual
reduction to practice to be unpersuasive. Martinez has
conceded in their brief that Sanns' own uncorroborated
testimony is insufficient as a matter of law to establish the
testimony is reliable (Martinez brief, p.2). Additionally,
the record establishes that neither Marsh nor Dzikowski nor
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