EDWARDS et al. V. LEVEEN - Page 33





         Interference No. 104,290                                                            



         basic invention, which showing will also suffice as to claims                       
         differing therefrom only in details which are obvious to one of                     
         ordinary skill in the art. In re Spiller, 500 F.2d 1170, 1178,                      

         182 USPQ 614, 620 (CCPA 1974). Furthermore, LeVeen does not have                    
         to show corroboration for the acts relied on with respect to a                      
         showing under 37 CFR § 1.131. Ex parte Hook, 102 USPQ 130 (Bd.                      

         App. 1953).                                                                         
                    However, it is unnecessary for us to make new detailed                   
         findings with regard to the case under 37 CFR § 1.131, inasmuch                     
         as it is clear that the record does not support a conclusion that                   
         the invention of LeVeen claims 43 and 44 was reduced to practice                    
         before the critical date. Inasmuch as the Edwards specification                     
         taken as prior art discloses an intended purpose and functional                     
         setting for the invention, it was incumbent upon LeVeen to show a                   
         reduction to practice of the subject matter of his claims for                       
         their intended purpose.                                                             
                    As established by our factual findings, above, not                       
         all limitations of the claim were reduced to practice. We have                      
         construed the claim limitation of "selected mass" to mean a                         
         preselected mass, exactly as we have construed this limitation in                   
         the count. There is no evidence that any area in the explanted                      



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