Ex parte NODA et al. - Page 11




          Appeal No. 1996-2758                                                        
          Application No. 08/103,792                                                  


          7, 8 and 9 and Reply Brief, page 6.  However, appellants have               
          not supplied any facts to support their arguments.  See In re               
          De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir.                  
          1984)(“Mere argument or conclusory statement in the                         
          specification does not suffice”); In re Wood, 582 F.2d 638,                 
          642, 199 USPQ                                                               
          137, 140 (CCPA 1978)(“Mere lawyer’s arguments and conclusory                
          statements in the specification, unsupported by objective                   
          evidence, are insufficient. . .”).  Accordingly, we are not                 
          persuaded by these arguments.                                               
               Thus, having considered all of the evidence and arguments              
          advanced by the examiner and appellants in this record, we                  
          determine that the preponderance of evidence weighs in favor                
          of obviousness of the subject matter defined by claims 1                    
          through 5, 8, 14, 16, 20 through 24, 27 and 33 within the                   
          meaning of 35 U.S.C. § 103.  Accordingly, we affirm the                     
          examiner’s decision rejecting claims 1 through 5, 8, 14, 16,                
          20 through 24, 27 and 33 under 35 U.S.C. § 103 over the Horiba              
          reference.                                                                  



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