Appeal No. 1997-4439
Application No. 08/452,125
defines his “abrasive-adhesive” particles as forming “an
extremely strong mechanical adhesive bond when melted into the
fibers of a section of fabric” (specification at page 8, lines
27-29), not a separate phase which “does not interfere” with
the transfer of a design to a fabric as in Reed. Accordingly,
there is no express indication in the Reed disclosure that the
described low molecular polymer plasticizer particles possess
any adhesive properties.
Here, we further observe that because of a paucity of
detailed and specific disclosures regarding the low molecular
weight polymeric particles of Reed, a comparative factual
analysis between the claimed “adhesive-abrasive” particle
components and the Reed particles, such as made in In re
Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1658 (Fed. Cir.
1990) cannot be undertaken. Inherency is a question of fact
and cannot be established by probabilities or possibilities.
In re Oelrich, 666 F.2d 578, 581, 212 USPQ 323, 326 (CCPA
1981). While it may be possible that the low molecular weight
polymeric particles of Reed possess some degree of
adhesiveness when melted, that “possibility” is not sufficient
to establish a prima facie case that such particles are
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