Appeal No. 95-4407 Page 5
Application No. 08/124,834
metal, not that the grain size is more uniform when compared to
another product. Furthermore, the appellants have not presented
any evidence that would establish that one skilled in the wire4
art would not have understood "uniform" to mean always the same,
unvarying, without variation. Accordingly, the specification,
as originally filed, does not provide support for "uniform grain
size throughout the metal" (claims 52 and 62).
4Attorney's arguments in a brief cannot take the place of
evidence. In re Pearson, 494 F.2d 1399, 1405, 181 USPQ 641,
646 (CCPA 1974).
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