Appeal No. 98-0807
Application 08/385,984
inherent in the operation of Laurent’s device that heating by
the element 55 is terminated subsequent to the choking
operation as the examiner theorizes; however, 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. 1993).
Since each and every feature set forth in claim 5 cannot
be found in Laurent, either explicitly or under the principles
of inherency, we will not sustain the rejection of this claim
under 35 U.S.C. § 102(b).
REVERSED
4
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