Appeal No. 2001-0112
Application No. 08/486,494
structural characteristic. While it is certainly possible that
tape layer 5’ (1) might comprise reinforcing fibers oriented
axially of the tape such that when wrapped about the mandrel the
fibers are disposed in a circumferential direction, and (2) in
wrapping said tape layer around the mandrel the turns might
overlap adjacent turns, and (3) if adjacent turns overlap, void
spaces might result that might create notched surface portions
and protrusive surface portions on the inner circumferential
surface of the rod as set forth, in one form or another, in each
of the independent claims on appeal, it is well settled that
inherency may not be established by probabilities and
possibilities, but must instead be “the natural result flowing
from the operation as taught.” See In re Oelrich, 666 F.2d 578,
581, 212 USPQ 323, 326 (CCPA 1981). In the present case, the
disclosure of Tukihara does not provide an adequate factual basis
to establish that the natural result flowing from following the
teachings of that reference would be a pass-through fishing rod
comprising a rod body having an inner circumferential surface
with the characteristics disclosed and claimed by appellants.
Accordingly, we also cannot sustain the examiner’s alternate
theory of anticipation.
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