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Scott v. Finney

34 F.3d 1058, 32 USPQ2d 1115 (1994)

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Scott v. Finney

Court of Appeals for the Federal Circuit

34 F.3d 1058, 32 USPQ2d 1115 (1994)

Facts

Scott (plaintiff) and Finney (defendant) each filed patent applications claiming a penile implant, where Finney was the senior party, having filed a parent patent application May 15, 1980, and Scott was the junior party, having a priority date of May 15, 1981. An interference proceeding before the Board of Patent Appeals and Interferences was held. Prior to this interference, however, the parties had engaged in another interference proceeding to a broader subject matter of penile implants, and Scott had been awarded priority. The present interference, however, involved a narrowed invention. Scott attempted to show prior reduction to practice. The Board held that Scott failed to show sufficient testing after conception to determine if the invention actually worked. In the absence of evidence that Scott tested his invention to ensure that it functioned, the Board awarded priority to Finney as the senior party. Scott appealed.

Rule of Law

Issue

Holding and Reasoning (Rader, C.J.)

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