Ex parte MASAMI HIGUCHI - Page 6




          Appeal No. 95-1141                                                          
          Application 08/068,303                                                      


                    the first memory means to the second                              
                    memory means, via said first unique                               
                    communication channel; and                                        
                    wherein the communication port                                    
                    connects to a control board comprising                            
                    only one of the first memory means and                            
                    the second memory means.                                          
          Inherency may not be established by probabilities or                        
          possibilities.  See In re Oelrich, 666 F.2d 578, 581, 212 USPQ              
          323, 326 (CCPA 1981).  The obviousness rejection of 12 and the              
          claims that depend therefrom is reversed because nothing in the             
          examiner's reasoning demonstrates that the photocopier structure            
          of claim 12 would be inevitably present in Federico.                        
                                      DECISION                                        
                    The decision of the examiner rejecting claims 1, 2, 4,            
          6 through 9 and 11 through 14 under 35 U.S.C. § 103 is reversed.            
                                      REVERSED                                        



                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         KENNETH W. HAIRSTON           )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         MICHAEL R. FLEMING            )                              
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