Appeal No. 2002-2090
Application 08/430,311
specification. Be that as it may, we find nothing in Lankard
which would change our view as expressed above with regard to
claim 57 on appeal, and the claims which depend therefrom,
particularly with respect to the requirement in claim 57 of a
plain concrete having “a tensile strength less than about 750
pounds per square inch.” The closest example we see in Lankard
is Batch I in Table 2, wherein a fibrous concrete with 0.34
volume percent fibers having 0.010 inch diameter and 1.0 inch
long were uniformly distributed randomly in a mortar beam and
resulted in the beam having a flexural strength at both first-
crack and ultimate of 940 psi.
Simply stated, given the disclosure of a desired 1,000 psi
tension in Givens and 940 psi at 0.34 volume percent fibers in
Lankard, we see no basis for the examiner to conclude that a
fiber content of 0.3 percent by volume in Givens and with the
size of fibers and spacing required in Givens would “inherently”
result in a panel structure with a tensile strength of “less than
about 750 pounds per square inch,” as required by appellant’s
claim 57. In that regard, we note that it is well settled that
inherency may not be established by probabilities or
possibilities, but must instead be "the natural result flowing
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