Interference No. 103,467
either a constructive reduction to practice, which occurs when
a patent application is filed, or an actual reduction to
practice. See Hybritech, 802 F.2d at 1376, 231 USPQ at 87.
In order to establish an actual reduction to practice, the
inventor must prove that:
(1) he constructed an embodiment or performed a process that
met all the limitations of the interference count; and (2) he
determined that the invention would work for its intended
purpose. See UMC Elecs. Co. v. United States, 816 F.2d 647,
652, 2 USPQ2d 1465, 1468 (Fed. Cir. 1987), cert. denied, 484
U.S. 1025 (1988) ("[T]here cannot be a reduction to practice
of the invention . . . without a physical embodiment which
includes all limitations of the claim."); Estee Lauder Inc.
v. L'Oreal S.A., 129 F.3d 588, 593, 44 USPQ2d 1610, 1614 (Fed.
Cir. 1997) ("[A] reduction to practice does not occur until
the inventor has determined that the invention will work for
its intended purpose."). Depending on the character of the
invention and the problem it solves, determining that the
invention will work for
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