Appeal No. 99-0073 Page 9
Application No. 08/562,166
weights is positioned on the forearm in a predetermined area
where either the ulna or the radius is most discernable, this
disclosure by itself is not sufficient to show that placement
of the device on the lower leg will necessarily result in
positioning of one of the weight units in a predetermined area
where the tibia is most discernable. While we find that a
weighted sleeve of the type shown in Figure 1 or 2 of Alston
may be positioned on the lower leg in such a manner that one
of the weight units thereon is placed against the area of the
leg where the tibia is most discernable, we find nothing in
the disclosure of the spacing, dimensions or distribution of
the weight units to show that such an arrangement will
necessarily result from placement of a weighted sleeve as
disclosed on the lower leg.
Under principles of inherency, when a reference is silent
about an asserted inherent characteristic, it must be clear
that the missing descriptive matter is necessarily present in
the thing described in the reference, and that it would be so
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