Ex Parte BISHOP - Page 12





         Interference No. 104,067                                                    


         photographs, Kramp has nonetheless failed to establish that the             
         machine worked for its intended purpo*se. As discussed above,               
         Kramp must show that the machine successfully reduced rubber tire           
         material havinQ metal stranding to a pulverulent form.                      
              Based on the record before us, Kramp has failed to                     
         demonstrate that the embodiment relied on to establish an actual            
         reduction to practice of the subject matter of the count worked             
         for its intended purpose. For this reason, Kramp has failed to              
         establish an actual reduction to practice of the subject matter             
         of the count.'                                                              
                                        IV.                                          
              As discussed above, in order to establish an actual                    
         reduction to practice of the subject matter of a count, an                  



              8A reduction to practice must also be independently                    
         corroborated. Mikus v. Wachtel, 542 F.2d 1157, 1159, 191 USPQ               
         571, 573 (CCPA 1976); see also Reese v. Hurst, 661 F.2d 1222,               
         1228, 211 USPQ 936, 940 (CCPA 1981) ("adoption of the 'rule of              
         reason' has not altered the requirement that evidence of                    
         corroboration must not depend solely on the inventor himself").             
         Kramp relies on the testimony of Peter K. Trzyna and Leslie F.              
         Chard, III to corroborate the alleged actual reduction to                   
         practice. See Trzyna affidavit dated January 28, 2000,                      
         paragraphs 8 and 9; Chard affidavit dated January 28, 2000,                 
         paragraphs 5 and 6. However, the evidence of record fails to                
         establish that either Mr. Trzyna or Mr. Chard saw the embodiment            
         at issue in operation. Therefore, Mr. Trzyna and/or Mr. Chard               
         cannot corroborate Kramp's alleged actual reduction to practice.            
         For this additional reason, Kramp has failed to establish an                
         actual reduction to practice of the subject matter of the count.            
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