Appeal No. 96-0230
Application 08/056,094
achieve the type of adjustability set forth in each independent
claim on appeal. Inherency requires that the type of
adjustability in each independent claim would necessarily or
inevitably occur. In re King, 801 F.2d 1324, 1326, 231 USPQ 136,
138 (Fed. Cir. 1986). Inherency may not be established by
probabilities or possibilities as the examiner appears to be
arguing.
More specifically, independent claims 1 and 6 require in
part some means for adjusting the charging and discharging in
response to a difference between previously recited high and low
reference voltages.
As to each of these two independent claims, our study of the
whole of each of the four references relied upon by the examiner
leads us to find that there is no such difference determination
taught in any one of them. We have also reviewed the individual
portions of each of these references the examiner has made
reference to at the bottom of page 2 of the supplemental
examiner’s answer, but conclude that these identified portions of
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Last modified: November 3, 2007