Appeal No. 2005-0946
Application No. 09/915,448 Page 4
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.
Appellants assert (brief, page 3) that:
The independent claims specifically set forth that
the interactive device is designed to provide self
generating interaction with one or more users. What
this means is that the device itself, on its own
initiative personal profiles and programs, will provide
certain actions with respect to the current user. For
example, if the interactive device is a toy, and the
toy knows that it is near a store, the device could say
“would you like to go shopping” without any input or
question provided by the user. There is no need to
provide user input into the device.
It is argued that Gershman is simply a PDA that provides
responses to inputs by a user, and (brief, page 4) that Gershman:
is not an interactive device designed to produce self-
generating action on its own initiative. The reactive
theme is set forth in numerous places in Gershman et
al. for example, in the field of the invention Gershman
states that the invention is directed to agent-based
system and more particularly to a mobile computing
environment that accesses the internet to obtain
product information for a user and provides tools for
collaborative computing.
Appellants add (id.) that:
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