Appeal No. 2000-0447
Application No. 08/838,685
thus the ability to be flow directed of the Gore catheter.
Therefore, we are of the opinion that the finding that the Gore
catheter is flow directable is speculative. Inherency, however,
can 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., 948 F.2d at 1269, 20 USPQ2d
at 1749 (quoting In re Oelrich, 666 F.2d 578, 581, 212 USPQ 323,
326 (CCPA 1981). As such, the examiner has failed to establish a
prima facie case of anticipation by inherency and we will therefore
not sustain this rejection.
We will likewise not sustain the remaining references as these
references do not cure the deficiency noted above for the Gore
reference.
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