Ex parte NAKAMURA - Page 9




          Appeal No. 96-0616                                                          
          Application 08/036,249                                                      


          evidence in the file to support the argument.   Appellant has8                              
          admitted in his specification that it was known prior to his                
          invention to supply hybrid ICs to an automatic mounting device              
          by means of a tape in which the hybrid ICs are supported on                 
          the tape by a plurality of interior adjacent leads (pages 1                 
          and 2 and Fig. 1).  In order to obtain the benefits of the                  
          invention specifically disclosed by Kuwahara, it is our                     
          opinion that Kuwahara would have fairly suggested to a person               
          of ordinary skill in the art to make the outermost leads of a               
          hybrid IC longer than the remaining leads and to secure the                 
          hybrid IC to a strip of backing paper by                                    
          attaching the adhesive tape to the backing paper with the                   
          outermost leads held therebetween.                                          
               We also disagree with appellant's argument that there                  
          would have been no motivation to arrive at the specific                     
          arrangement                                                                 
          recited in claim 8.  While Kuwahara's teaching may well                     
          suggest other arrangements to a person of ordinary skill in                 



               Attorney's arguments in a brief cannot take the place of evidence.  In8                                                                     
          re Pearson, 494 F.2d 1399, 1405, 181 USPQ 641, 646 (CCPA 1974).             
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