Interference No. 103,891
false negative one. These three pages constitute the entirety of
the Concept S shown to the attendees at the marketing study.
Anticipation is a question of fact. Glaverbel Societe
Anonyme v. Northlake Mktg. & Supply , 45 F.3d 1550, 1554, 33
USPQ2d 1496, 1498 (Fed. Cir. 1995). We are in agreement with
the parties that the claimed subject matter of the parties was
not in public use based on the Concept S presentation. As such,
no device conforming to the claimed invention had been con-
structed or was in existence to use at the time of the presenta-
tion. Nor was the claimed subject matter on sale. The moving
parties have proved neither an offer for sale or that the claimed
subject matter was reduced to practice or ready for patenting.
See Pfaff v. Wells Elecs., Inc. , 525 U.S. 55, 67-68, 48 USPQ2d
1641, 1646-47 (1998) ("First, the product must be the subject of
a commercial offer for sale" and “the invention itself must also
have been "ready for patenting" at the time of the offer or
sale--e.g., the invention must have been reduced to practice or
embodied in "drawings or other descriptions . . . that [are]
sufficiently specific to enable a person skilled in the art to
practice the invention."). Accordingly, we concur with the
parties that Concept S is, at most, prior art under 35 U.S.C.
§ 102(a).
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