Appeal No. 2002-2304
Application No. 09/419,157 Page 10
electromagnetic energy attenuation is inherent in any and all
connectors, the mother and daughter boards described in the
Background of appellants specification would presumably not have
cans or fences; i.e., we find that if the attenuation was
sufficient to suppress more than a negligible amount of
electromagnetic radiation, the prior art would not have needed
fences or cans. 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.
From our review of the record, we agree with appellants
(reply brief, page 2) that there is no evidence provided by the
examiner to support the examiner's assumption that the two
separate connectors of Zhu produce coherent electromagnetic
radiation. It is not enough that it is possible or probable that
the connectors of Zhu could produce coherent radiation. To
establish a prima facie case of anticipation, it is necessary
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