Appeal No. 1997-1598
Application 08/456,699
44), there is a region between the surface of the impeller and
the spiral strip shown in figure 7 in which the gas separation
can take place. The examiner’s position is that gas
separation inherently takes place in a spiral path. When an
examiner relies upon a theory of inherency, “the examiner must
provide a basis in fact and/or technical reasoning to
reasonably support the determination that the allegedly
inherent characteristic necessarily flows from the teachings
of the applied prior art.” Ex parte Levy, 17 USPQ2d 1461,
1464 (Bd. Pat. App. & Int. 1990). Inherency “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.” Ex parte Skinner, 2 USPQ2d 1788, 1789 (Bd. Pat.
App. & Int. 1986). The examiner has not provided the required
evidence or technical reasoning.
The examiner’s argument that friction between the spiral
strip and pulp suspension would cause spiral movement of the
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