Appeal No. 2001-1308
Application No. 08/354,491
USPQ2d 1001, 1009 (Fed. Cir. 1999), "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." In addition, a factual inquiry whether to
modify a reference must be based on objective evidence of record,
not merely conclusionary statements of the examiner. See In re
Lee, 277 F.2d 1338, 1342-43, 61 USPQ2d 1430, 1433 (Fed. Cir.
2002). As the examiner has failed to supply any evidence of
inherency, no prima facie case of anticipation has been
established, and we cannot sustain the rejection of claims 1 and
2.
6
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007