Ex parte ALMULLA - Page 6

          Appeal No. 1998-0692                                                        
          Application No. 08/693,551                                                  

          corresponding portions of the circuit meet the recited                      
          limitations [emphasis in the original].”  While we might                    
          agree, the examiner has not pointed to any such one scenario                
          in Gregor wherein the claimed subject matter is anticipated.                
          In any event, the examiner has alleged “inherency” and                      
          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 to                      
          establish “inherency.”  Hansgirg v. Kemmer, 102 F.2d 212, 214,              
          40 USPQ 665, 667 (CCPA 1939).                                               
               We further agree with appellant [principal brief-page 8]               
          that the “maximum propagation delay” in accordance with the                 
          invention “is the propagation delay required to maintain the                
          operating frequency of the component...Gregor does not teach                
          or suggest that the devices 19 and 20, or the devices 22 and                
          23 are in a critical path such that the operating frequency of              
          the components including these devices is affected by the                   
          propagation delay through these devices.”                                   
               Thus, it appears to us that the examiner’s premise of                  
          anticipation rests on speculation and speculation is not a                  
          proper basis for a finding of anticipation.  Accordingly, we                


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