Appeal No. 1998-2095
Application No. 08/460,311
material, e. g., TEFLONŽ or
porous polyurethane (col. 7, lines 16-19). Further, Barone
teaches that “the thin-walled member 166 is forced radially
outwardly into contact with the aorta 152 to remain secured
thereto” (id. at 46-48). Given that Barone fails to teach or
suggest any of the inflammation-inducing materials taught in
appellant’s specification and teaches that the tube 160 is
attached to the aorta by forcing the thin-walled member 166
radially outwardly into contact with the aorta, we find the
examiner’s apparent position that the inflammatory response of
the inner wall of the vessel to Barone’s tube 160 or securing
means 165 will inherently result in the attachment of the
graft to the inner wall of the vessel to be speculative and
unsupportable.
It is well settled that inherency may not be established
by probabilities or possibilities, but must instead be "the
natural result flowing from the operation as taught." See In
re Oelrich, 666 F.2d 578, 581, 212 USPQ 323, 326 (CCPA 1981).
In the present case, the examiner has not explained how the
Barone reference provides factual basis to establish that the
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