Appeal 97-1458
Application 08/329,940
the designation PF-5052 (specification, page 6). So the
question becomes, would a person having ordinary skill in the
art, as of applicants' filing date, have known what
perfluorinated liquid is identified by the designation C F NO
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sold as PF-5052 by 3M?
The present state of the record does not permit us to
answer the question--at least not cogently. Applicants'
counsel tells us that the formula of C F NO is (Appeal Brief,
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page 6):
An argument of counsel, however, cannot take the place of
evidence. In re Pearson, 494 F.2d 1399, 1405, 181 USPQ 641,
646 (CCPA 1974) (argument of counsel cannot take place of
evidence in the record). Applicants' counsel also refers us
to Webster's Ninth New Collegiate Dictionary (without, we
note, supplying a copy of the page relied upon) for a
definition of "nitro" (Appeal
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