Appeal No. 1999-0864 Page 8
Application No. 08/757,550
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.’" Id., 49 USPQ2d at 1951
(quoting Continental Can Co., 948 F.2d at 1269, 20 USPQ2d at
1749).
Here, although Yamanaka’s “automatic lighting controller
262 can gradually darken the illumination of the environmental
image to begin a movie as if it was effected in a movie
theater[,]” col. 12, ll. 27-29, there is no extrinsic evidence
that the reference detects conditions external to the
environmental image, let alone darkens the illumination
according to such detected conditions. The mere fact that the
controller may darken the illumination of the reference’s
environmental image according to detected conditions external
to the image is insufficient. The lighting controller may
instead darken the illumination when it is activated
regardless of external conditions.
Because it is uncertain whether the reference detects
conditions external to the environmental image, let alone
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