Appeal No. 1998-3367
Application No. 08/545,717
possibilities or even probabilities are not enough to
establish inherency, the rejection of the appealed claims as
being anticipated by Gipson cannot be sustained. See In re
Oelrich, 666 F.2d 578, 581,
212 USPQ 323, 326 (CCPA 1981).
Turning to the alternative rejection of the appealed
claims as being unpatentable over Gipson, appellants’
specification indicates that the belt should not be too
flexible because the belt would be prone to excessive
wrinkling which could be painful, nor should the belt be too
stiff because the belt would then cause problems of cutting
and abrasion (specification, page 2). Appellants’
specification further indicates that with a belt
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