Ex parte PLOMER - Page 6

          Appeal No. 1998-2275                                       Page 6           
          Application No. 08/428,253                                                  

               It is well-settled that under principles of inherency,                 
          when a reference is silent about an asserted inherent                       
          characteristic, it must be clear that the missing descriptive               
          matter is necessarily present in the thing described in the                 
          reference, and that it would be so recognized by persons of                 
          ordinary skill.  Continental Can Co. v. Monsanto Co., 948 F.2d              
          1264, 1268, 20 USPQ2d 1746, 1749 (Fed. Cir. 1991).  As the                  
          court stated in In re Oelrich, 666 F.2d 578, 581, 212 USPQ                  
          323, 326 (CCPA 1981)(quoting Hansgirg v. Kemmer, 102 F.2d 212,              
          214, 40 USPQ 665, 667 (CCPA 1939)):                                         
               Inherency, however, 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. [Citations                            
               omitted.]  If, however, the disclosure is sufficient                   
               to show that the natural result flowing from the                       
               operation as taught would result in the performance                    
               of the questioned function, it seems to be well                        
               settled that the disclosure should be regarded as                      

               In this case, we agree with the appellant's argument that              
          the examiner's determination that the primary trough 6 of                   
          Hartog includes "a positive pressure therein" as recited in                 
          each of the independent claims on appeal (i.e., claims 14 and               

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