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Scott v. Finney

Court of Appeals for the Federal Circuit

34 F.3d 1058 (1994)

Relevant factsFree

In a patent interference over a penile implant, junior party Scott (plaintiff) submitted a videotape showing an implanted, functioning device, but the Board found this insufficient because Scott had not tested the device through actual intercourse, and awarded priority to senior party Finney (defendant).

IssueFree

Whether, in order to demonstrate reduction to practice, an inventor must perform sufficient testing to show that he possessed the final market product.

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