Appeal No. 95-3637
Application 07/968,736
"only" have the meaning urged by the appellants and no other
reasonable interpretation, no evidence has been submitted in
support of the assertion. Mere argument of counsel does not
take the place of evidence. In re Langer, 503 F.2d 1380,
1395, 183 USPQ 288, 299 (CCPA 1974). See also Meitzner v.
Mindick, 549 F.2d 775, 782, 193 USPQ 17, 22 (CCPA 1977), cert.
denied, 434 U.S. 854, 195 USPQ 465 (1977). We decline to
regard argument as fact, especially an argument not actually
made by the appellants, i.e., that the meaning for "sidewall"
as urged by the appellants is the only reasonable meaning and
that the established meaning for "sidewall" excludes or
prohibits the broader reading by the examiner.
The examiner is interpreting the term "sidewall"
according to its ordinary meaning in the English language. We
agree with the examiner that the structure shown in Lee’s
Figures 15A and 16A includes a vertical surface of silicon
oxide 105 between and immediately adjacent the select gate on
one side thereof and the floating gate on the other. Claim
terms are properly interpreted during examination based on
their broadest reasonable interpre- tation in light of the
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