In re Wertheim

I dissent on claim 1. The error of the majority in affirming the rejection stems from a misstatement of the issue. It is not necessary when antedating a reference under 35 U.S.C. § 102(a) or (e) to establish a prior reduction to practice, constructive or actual, of all the subject matter falling within the claims. It is necessary only to establish a reduction to practice of sufficient subject matter to render the claimed invention obvious to one of ordinary skill in the art. In re Spiller, 500 F.2d 1170, 182 USPQ 614 (Oust. & Pat.App.1974). The *274majority errs, therefore, in seeking a…