Appeal No. 2003-1876
Application No. 09/209,044
be established by probabilities or possibilities. See In re Oelrich, 666 F.2d 578, 581, 212
USPQ 323, 326 (CCPA 1981). Nor is there any suggestion to arrive at the above-notion
properties. As stated in In re Rijckaert, 9 F.3d 1531, 1534, 28 USPQ2d 1955, 1957 (Fed.
Cir. 1993) (quoting from In re Spormann, 363 F.2d 444, 448, 150 USPQ 449, 452
(CCPA 1966)), “That which may be inherent is not necessarily known. Obviousness
cannot be predicated on what is unknown.”
The Examiner has not cited support for the assertion that the claimed properties are
result effective variables. Accordingly, we reverse the Examiner’s rejections.
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