Appeal No. 2000-0652 Page 6
Application No. 08/868,774
Inherency, however, may not be established by
probabilities or possibilities. The mere fact that
a certain thing may result from a given set of
circumstances is not sufficient. [Citations
omitted.] If, however, the disclosure is sufficient
to show that the natural result flowing from the
operation as taught would result in the performance
of the questioned function, it seems to be well
settled that the disclosure should be regarded as
sufficient.
We find ourselves in agreement with the appellants'
position (brief, pp. 7-10) that independent claims 1 and 29
are not anticipated by Ben Moura. In that regard, we agree
with the appellants that the limitations that the gripping
layer be "formed from a material that is softer than a
material used to form the portion of said base covered by said
gripping layer" as recited in claim 1 and the limitation that
the gripping layer be "formed of a material that is softer
than a material used to form the portion of the base member
covered by said gripping layer" as recited in claim 29 are not
met by Ben Moura.
Ben Moura discloses an instrument for parenteral
penetration of a needle. As illustrated in Figures 1 to 3 the
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