Ex parte RITZ et al. - Page 4

          Appeal No.96-0601                                                           
          Application 08/104,965                                                      

          materials disclosed by Camps would “inherently” allow the box to            
          be deformed to some extent and that with “sufficient pressure”              
          the lid would become removed.  This position is based on                    
          speculation and unfounded assumptions.  Even if we were to agree            
          with the examiner that Camps’ first section could be deformed to            
          “some extent” with sufficient pressure, there is absolutely                 
          nothing to indicate that this deformation of “some extent” would            
          have any effect at all on Camps’ latches 31, much less function             
          to unlatch them.  It is well settled that inherency may not be              
          established by probabilities or possibilities.  In re Oelrich,              
          666 F.2d 578, 581, 212 USPQ 323, 326 (CCPA 1981) and In re                  
          Rijckaert, 9 F.3d 1531, 1534, 28 USPQ2d 1955, 1957 (Fed. Cir.               

               As to the examiner’s contention on page 4 of the Answer that           
          one “could manually grasp and flex the box and lid [of Camps]               
          while additional pressure is exerted directly on the latches and            
          tabs,” the plain language of each of the independent claims on              
          appeal expressly requires a latch means which functions in such a           
          manner that, upon manual deformation of the first section between           
          the pivot point and the latch means, the latch means unlatches.             

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