Appeal No. 1996-0903
Application No. 07/692,211
Appellants have proffered no evidence to support the
argument that Nakamura’s plastic composition, which is
disclosed as comprising an epoxy resin as noted supra, is
reversibly curable rather than being irreversibly curable.
Such arguments by counsel, however, cannot take the place of
evidence. See In re Pearson, 494 F.2d 1399, 1405, 181 USPQ
641, 646 (CCPA 1974). Therefore, the examiner’s finding as
supported by The Condensed Chemical Dictionary stands
unrebutted on the record before us.
Indeed, the independent claims do not even require that
the plastic composition be irreversibly cured. Instead, the
independent claims merely require that the plastic composition
be capable of being irreversibly cured. The evidence shows
that an epoxy resin as disclosed by Nakamura is capable of
being irreversibly cured. Furthermore, the mere presence of a
solvent does not necessarily preclude irreversible curing due
to polymerization (which hardens the substance by a change in
the chemical make-up of the composition and hence constitutes
irreversible curing), as well as by solvent evaporation. 3
3See Golding, Polymers And Resins, page 638 (D. Van
Nostrand Company, Inc. 1959) (copy attached).
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