Suffron Medical Supplies and Popiel Pharmaceuticals have each filed an application with the U.S. PTO for a patent on a new type of heart catheter. Suffron is able to prove that it was the first to file a patent application on this invention. Popiel is now able to show from its research scientists' records) that it was the first to actually create a working model of the catheter, although it filed its patent application two weeks after Suffron filed. Both parties invented independently within the last year. Who should receive the patent and why? Would your answer change if the application were being made in a foreign country?
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