Appeal No. 1997-4336
Application No. 08/279,317
teaches that the two-component nozzle consists of two
concentric tubes forming an annular space between the two
tubes, with nitrogen being flashed through the annular space
from a storage tank in which the pressure is 20 atmospheres.
(Column 6, lines 45-49.)
Although the examiner’s reasoning is not entirely
unreasonable, there is no factual basis or scientific
reasoning to indicate that greater 10 weight percent of
nitrogen would inherently or necessarily become part of the
spin liquid in which polyethylene is dissolved. In this
regard, it is well settled that inherency may not be
established by probabilities or possibilities, i.e. it is
insufficient to merely show that a certain thing may result
from a given set of circumstances. Mehl/Biophile Int’l Corp.
v. Milgraum, 192 F.3d 1362, 1365, 52 USPQ2d 1303, 1305 (Fed.
Cir. 1999). We therefore hold that Sander’s Example 1 does
not anticipate appealed claim 20 within the meaning of 35
U.S.C. § 102.
Further, we determine that Sander as a whole does not
provide any motivation, teaching, or suggestion to modify the
solution described in reference Example 1 to additionally
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