Appeal No. 1999-0911
Application No. 08/852,708
prevent tears. Moreover, Steidinger does not disclose any
dimensions or other information from which it may be inferred
that the web feed path is sufficiently long to prevent tears.
Accordingly, it cannot be concluded that the combination of
the APA and Steidinger would result in a method which would
inherently meet the last step of claim 52. The mere fact that
a certain thing may result from a given set of circumstances
is not sufficient to establish inherency, and in this case,
absent inherency, a prima facie case of obviousness has not
been established. Cf. In re Rijckaert, 9 F.3d 1531, 1532, 28
USPQ 1955, 1956 (Fed. Cir. 1993).
Rejection (1) therefore will not be sustained.
Rejections (2) and (3)
These rejections will not be sustained, since the
additional references applied, Otruba and Klaeser, do not
supply the deficiencies in the APA - Steidinger combination
discussed above.
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