Ex parte BRANHAM et al. - Page 4

          Appeal No. 96-2780                                                          
          Application 08/162,362                                                      

          find that Marrujo ‘441 discloses, as is depicted in Figure 1, a             
          longitudinal member or end bay 22 for use in a support frame for            
          a vehicle passenger seating unit.  We are of the opinion that               
          the finding of the examiner that end bay 22 is a one piece                  
          longitudinal member is reasonable in view of the depiction of end           
          bay 22 in Figure 1.  In addition, we note that Marrujo ‘441                 
          expressly discloses that the longitudinal member serves as an               
          armrest (Col. 3, lines 52-53).                                              
               Appellants argue that Marrujo ‘441 does not disclose a one             
          piece longitudinal member.  According to appellants, a person of            
          ordinary skill in the art would have understood end bay 22 of               
          Marrujo ‘441 to be constructed as disclosed in Marrujo et al.,              
          U.S. Patent No. 4,186,964 (Marrujo ‘964) which was not cited                
          in support of the rejection.  Murrujo ‘964 discloses a                      
          longitudinal member which connects to an adjacent longitudinal              
          member via projections 112 and 114 to form end bay 12.  This                
          argument is not persuasive because appellants have not submitted            
          objective factual evidence which proves that end bay 22 of                  
          Marrujo ‘441 is the same as end bay 12 of Marrujo ‘964.                     
          Arguments of counsel are no substitute for evidence.  See In re             
          Scarbrough, 500 F.2d 560, 566, 182 USPQ 298, 302 (CCPA 1974); In            
          re Langer, 503 F.2d 1380, 1395, 183 USPQ 288, 299 (CCPA 1974).              


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