Appeal No. 96-3901
Application 08/192,638
range of one half of the peak to valley amplitude. Bremmer
does not teach measuring the maximum amplitude in the read
signal for each disc drive system.
We appreciate the Examiner's argument that Bremmer
teaches that the reference level is based on a maximum and
minimum track signal amplitude which, as the Examiner reasons,
requires the measurement of the track maximum amplitude.
However, "[t]o establish inherency, the extrinsic evidence
'must make clear that the missing descriptive matter is
necessarily present in the thing described in the reference,
and that it would be so recognized by persons of ordinary
skill.'" In re Robertson, 169 F3d 743, 745, 49 USPQ2d 1949,
1950-51 (Fed. Cir. 1999) citing Continental Can Co. v.
Monsanto Co., 948 F.2d 1264, 1268, 20 USPQ2d 1746, 1749 (Fed.
Cir. 1991). "Inherency, how- ever, may not be established by
probabilities or possibilities. The mere fact that a certain
thing may result from a given set of circumstances is not
sufficient." Id. citing Continental, 948 F.2d at 1269, 20
USPQ2d at 1749. From reading Bremmer as a whole, we find that
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