Appeal No. 2001-1418
Application 08/022,822
certain thing may result from a given set of
circumstances is not sufficient. [Citations omitted.]
If, however, the disclosure is sufficient to show that
the natural result flowing from the operation as taught
would result in the performance of the questioned
function, it seems to be well settled that the
disclosure should be regarded as sufficient.
Gammons simply does not pass muster under these principles
with regard to the inherency issues at hand.
Therefore, we shall not sustain the standing 35 U.S.C.
§ 102(b) rejection of claims 39 and 51, and dependent claims 41
and 52, as being anticipated by Gammons.
SUMMARY
The decision of the examiner to reject claims 39 through 41,
51 and 52 is reversed.
REVERSED
IRWIN CHARLES COHEN )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
) APPEALS AND
LAWRENCE J. STAAB )
Administrative Patent Judge ) INTERFERENCES
)
)
)
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