Ex parte JUNGMANN et al. - Page 6

          Appeal No. 1998-1642                                       Page 6           
          Application No. 08/541,894                                                  

          1749 (Fed. Cir. 1991); Ex parte Levy, 17 USPQ2d 1461, 1464                  
          (Bd. Pat. App. & Int. 1990).       Hoffman discloses a blade,               
          depicted in Figures 8a-8c which is held between balls 218, 222              
          and 224.  Hoffman does not disclose any force exerted by balls              
          218, 222 and 224 which would result in the blade being held                 
          under tension.  Hoffman discloses that sleeve 208 itself                    
          confines the blade against any movement in the plane of the                 
          slot (Col. 8, lines 19 through 26).  While it is true that                  
          there may be a certain amount of bending and thereby                        
          stretching of the blade, depending on how the balls engage the              
          recesses, the examiner has not advanced a rationale which                   
          would establish that this will necessarily be the case.  We                 
          note that                                                                   
          inherency can 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.                        
          Continental at 1269, 20 USPQ2d at 1749 (quoting In re Oelrich,              
          666 F.2d 578, 581, 212 USPQ 323, 326 (CCPA 1981).                           
               In view of the foregoing, we are of the opinion that the               
          examiner has not established a prima facie case of                          
          anticipation based on inherency.  As such, we will not sustain              

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