States, 816 F.2d 647, 652, 2 USPQ2d 1465, 1468 (Fed. Cir. 1987); ("[Tlhere cannot be a reduction to practice of the invention . . . without a Physical embodiment which includes all limitations of the claim.") (Emphasis added); and Corona Cord Tire Co. v. Dovan Chem. Corp., 276 U.S. 358, 383 (1928); (A process is reduced to practice when it is successfully performed. A machine is reduced to practice when it is assembled, adjusted and used. A manufacture is reduced to practice when it is completely manufactured. A composition of matter is reduced to practice when it is completely composed; quoted in Pfaff v. Wells Electronics, Inc., 119 S.Ct. 304, 307 n.2 (1998)). Corroboration of an actual reduction to practice is also required. Hill's alleged actual reduction to practice fails for several reasons. -First, the alleged actual reduction to practice was not actually reduced. The description of the Hill manuscript is not sufficient to demonstrate that the method of the count was actually performed. "Unlike the filing of a patent application, the publication of an article is not deemed a constructive reduction to practice of the subject matter described therein." In re Katz, 687 F.2d 450, 454, 215 USPQ 14, 17(CCPA 1982). Even further, Hill has failed to direct us to evidence of corroboration of the testing allegedly performed as described in the Hill manuscript. Lastly, Hill cannot rely on its activities in Canada to demonstrate an actual reduction to practice in the 35Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 NextLast modified: November 3, 2007