Appeal No. 96-0023
Application 07/958,046
data to corresponding process elements in at least one
graphical representation and a data processor to produce a
combined display of at least one graphical representation with
process attributes underlying at least one of the plurality of
process components for a selected point of time as recited in
Appellant's claim 5. Appellants argue in the reply brief that
the Examiner's argument that either Hitchens or Thalimer
implicitly teach these limitations is not supportable in view
of the teachings of these references.
For a reference to "inherently" disclose an invention it
must be shown that the missing descriptive matter is
necessarily present in the thing described in the reference,
and that it be so recognized by persons skilled in the art.
Continental Can Co. USA, Inc. V. Monsanto Co., 948 F.2d 1264,
1268-69, 20 USPQ 1746,
1749 (Fed. Cir. 1991). Inherency may not be established by
probabilities or possibilities. Id.
6
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