Appeal No. 2001-0257 Page 7
Application No. 08/927,412
anticipation 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 to
establish anticipation. See In re Oelrich, 666 F.2d 578, 581,
212 USPQ 323, 326 (CCPA 1981).
From the above discussion, the claimed tool is only a
possibility in light of Varidel. Thus, it is clear that
Varidel does not disclose, either expressly or under
principles of inherency, each element of claims 2, 3, 8, 14,
16 to 19, 21 and 22. Accordingly, the decision of the
examiner to reject claims 2, 3, 8, 14, 16 to 19, 21 and 22
under 35 U.S.C. § 102(b) is reversed.
The obviousness rejections
We will not sustain the rejection of claims 2, 3, 5, 8,
10, 14 and 16 to 23 under 35 U.S.C. § 103.
As set forth above, Varidel does not disclose his punches
being arranged along two orthogonal axes wherein one of the
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