positive limitation ...... Kennecott Co1p. v. Kyocera International, Inc. 835 F-2d 1419, 1423, 5
USPQ2d 1194,1198 (Fed. Cit. 1987) guoting Langer v. Kaufman 465 F.2d 915, 918,175 USPQ
172, 174 (CCPA 1972) guotin Binstead v. Littmann, 242 F.2d 766, 770, 113 USPQ 279, 282
(CCPA 1957). In Kennecott, 835 F.2d at 1423, 5 USPQ2d at 1198, the court noted:
The court has generally applied this standard of the "necessary and only
reasonable construction" as a basis for determining whether an application
could, on the basis of an inherent property, support a limitation in an
interference count. [Citations omitted.]
The "necessary and only" requirement precludes reliance on mere probabilities or possibilities. As
noted by the CCPA:
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. [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.
Inre0elrich,666F.2d578,581,212USPQ323,326(CCPA1981),qU "tin 11anspirgy.Kenungi,
102 F.2d 212, 214, 40 USPQ 665, 667 (CCPA 1939). Thus, it is not sufficient that a person
following the disclosure might obtain the result set forth; it must inevitably hgRRen. Dreyfus v.
Stemau, 357 F.2d 411,415,149 USPQ 63,66 (CCPA 1966) (emphasis added); Crome v. Morrogh,
239 F.2d 390, 392, 112 USPQ 49, 50 (CCPA 1956).
2) Inherency of the Intermittent Application of Reduced
Pressure
Par6 argues:
Both Par6'426 or Par6'947 employ conventional microwave ovens to supply
microwave energy to release volatiles in fresh sage in a closed container
(Example 2). As is well known in the art, conventional microwave ovens
supply microwave energy in pulses (i.e., effectivity an on-off cycle that is
repeated throughout the treatment period). During the "on-cycle" of the
microwave energy, the temperatures ofboth the contents in the container and
the container itself will rise. During the "off-cycle," the temperatures will, of
course, fall since no heating energy will be supplied to the container or its
contents. One of ordinary skill in the art, using the well known ideal gas
equation (Whitten et al.), namely
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