Appeal No. 2000-1934 Page 6
Application No. 08/779,420
recognized that there are different types of PVC material
already invented having different properties and
characteristics from where an artisan can chose [sic]" and
somehow concludes from this that one skilled in the art would
have recognized that the properties and characteristics
missing from Abramson are inherent to the material. The
examiner's logic in this regard is flawed. The recognition in
the art of the existence of various types of PVC material
having different properties leads us to conclude that the PVC
catheter of Abramson may possess the recited flexibility
properties but does not necessarily possess these properties.
As discussed above, the mere fact that a certain thing may
result is not sufficient to establish inherency.
It is apparent that Abramson's catheter 10 is provided,
at least at the distal portion thereof, with a degree of
flexibility to permit flexing and bending upon insertion.
However, the examiner has not set forth a sufficient basis for
concluding that Abramson's catheter inherently or necessarily
comprises the particular degree of flexibility recited in
claims 1 and 14, as well as claims 2-5 and 15 which depend
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