Interference No. 103,446
1986, becomes the date of the parties' stipulation concerning
the WG-2 mica used in 1986, that is, July 21, 1988. Once
again, we remind Martinez that the stipulation does not, based
on the stipulation, relate back to the work performed in 1986
and transform it, nunc pro tunc, to an actual reduction to
practice.
Martinez' argues that Sanns subsequent work in 1988
was directed to commercialization and thus may not be relied
on as activity which excuses the delay. However, the work
performed in March 1988 was before July 21, 1988, the date on
which we have found Sanns actually reduced to practice an
embodiment within Count 1. Accordingly, at the time of the
work there was not yet an actual reduction to practice of the
subject matter of the count. While the plaques tested,
admittedly, required further development and improvement
before they were considered to be commercially acceptable,
there is also no requirement that to constitute an actual
reduction to practice the invention, when tested, be in a
commercially satisfactory or commercially complete stage of
development. In re Anthony, 414 F.2d 1383, 162 USPQ 594 (CCPA
1969).
Martinez has also argued that Sanns work from
February 1986 does not include mold release agents but Sanns'
claims corresponding to the count do. In view of our holding
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