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 13Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 3, 2007