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 6Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007