Appeal 2007-1109
Application 10/274,758
1 Upon consideration of the record, we affirm for the reasons stated on Pages
2 2-4 of the Final Rejection entered July 19, 2005, and Pages 3-4 of the Examiner’s
3 Answer entered December 23, 2005. We also note applicant’s assertion that
4 [i]t is believed that the configuration of the vane, which
5 includes this taper, increases the efficiency of the fan. It is
6 believed this increase in efficiency is due to the vane acting as a
7 foil, as a result of this unique configuration.
8 Brief, p. 4. This assertion in unsupported by evidence. It is mere attorney
9 argument and not entitled to any weight. Arguments of counsel can not take the
10 place of evidence. Estee Lauder Inc. v. L'Oreal S.A., 129 F.3d 588, 595, 44
11 USPQ2d 1610, 1615 (Fed. Cir. 1997).
12 DECISION
13 The rejection of Claim 5 is affirmed.
14 No time period for taking any subsequent action in connection with this
15 appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
sd
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Last modified: September 9, 2013