Ex Parte WARMKA et al - Page 5




          Appeal No. 2002-1471                                       Page 5           
          Application No. 09/141,183                                                  


          F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).  As                 
          stated in In re Oelrich, 666 F.2d 578, 581, 212 USPQ 323, 326               
          (CCPA 1981) (quoting Hansgirg v. Kemmer, 102 F.2d 212, 214, 40              
          USPQ 665, 667 (CCPA 1939)) (internal citations omitted):                    
               Inherency, however, 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.            
               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.                                                
               Appellants assert (brief, page 5) that “[c]laim 1 requires             
          that the load beam include ‘a first slide capture adapted to                
          slidably secure the conductor sleeve to the rigid section of the            
          load beam, wherein when slidably securing the conductor sleeve to           
          the rigid section of the load beam, the first slide capture                 
          allows the conductor sleeve to move longitudinally therethrough             
          in a first direction which is coincident with a longitudinal axis           
          of the conductor sleeve proximate the first slide capture, while            
          substantially constraining the conductor sleeve from moving in              
          all directions orthogonal to the first direction.”                          
               Appellants assert (brief, page 6) that in Hagen (col. 5,               
          lines 17-20) that capture tabs 34, 36 on load beam 60 function              
          the same as capture tabs 38, 40 on load beam 12, and that capture           








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