Interference No. 102,712 substrate” (AR-202, 216, 227). Successful testing of a single embodiment within the scope of the count is sufficient to establish an actual reduction to practice. See Breuer v. DeMarinis, 558 F.2d 22, 24, footnote 5, 194 USPQ 308, 309, footnote 5 (CCPA 1977). Kraemer explained that the disappointing results encountered in the later tests (AX-16) were apparently due to a structural defect in the cutting tool insert. However, Kraemer apparently did not believe that this cast doubt on the utility of the Augustine invention (AR-203). Subsequent development testing does not necessarily negate a prior reduction to practice. See Tomecek v. Stimpson, 513 F.2d 614, 619, 185 USPQ 235, 239 (CCPA 1975). Other questions raised by Mehrotra concerning Augustine’s priority case have been adequately addressed in Augustine’s brief and reply brief. To wit, with regard to whether the cutting tool reduced to practice by Augustine included a coating which exhibited chemical and friction resistance, Kraemer was satisfied that the coating provided an effective chemical and friction resistant layer (AR-202). Augustine testified that wear resistance is a measure of both chemical and friction resistance (AR-330). Kraemer confirmed that good friction resistance and 12Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 3, 2007