HILL et al. V. ANDERSON et al. V. SNITZER et al. - Page 35





           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                            


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