Ex Parte BISHOP - Page 13





          Interference No. 104,067                                                     


          inventor must also prove that he constructed an embodiment or                
          performed a process that met all the limitations of the count.               
          Cooper, 154 F.3d at 1327, 47 USPQ2d at 1901; Newkirk, 825 F.2d at            
          1582, 3 USPQ2d at 1794. For completeness, we will examine                    
          whether Kramp has shown that the embodiment relied on to                     
          establish an actual reduction to practice met all the limitations            
          of the count.                                                                
               Kramp argues that the disclosure document, including copies             
          of photographs attached thereto and a listing of "parts,"                    
          establishes that a machine corresponding to the subject matter of            
          the count was made as early as December 23, 1992. See Brief,                 
          pages 7-8.                                                                   
               Significantly, Kramp fails to show a correspondence between             
          the "parts" of the machine described in the disclosure document              
          and the limitations of the count. See Cooper, 154 F.3d at 1328,              
          47 USPQ2d at 1902 ("the physical embodiment relied upon as an                
          actual reduction to practice must include every limitation of the            
          count . . . . What this means is that, in order to rely an Dr.               
          Sharp's successful experiment as a reduction to practice, Cooper             
          was required to establish that Dr. Sharp's graft had fibril                  
          lengths within the parameters of the count."). Furthermore, a                
          review by this panel appears to reveal that the machine does not             


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