Appeal No. 1999-0710
Application No. 08/716,875
578, 581, 212 USPQ 323, 326 (CCPA 1981). The mere fact that a
certain thing may result from a given set of circumstances is
not sufficient. Id. Here, the examiner’s position on
inherency is based on sheer speculation. As such, the
standing anticipation rejection of claims 1-6, 9-17 and 20
cannot be sustained.
Summary
The examiner’s rejections under 35 U.S.C. § 112, second
paragraph, and 35 U.S.C. § 102(b) are reversed.
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