Appeal No. 1996-0903 Application No. 07/692,211 Appellants have proffered no evidence to support the argument that Nakamura’s plastic composition, which is disclosed as comprising an epoxy resin as noted supra, is reversibly curable rather than being irreversibly curable. Such arguments by counsel, however, cannot take the place of evidence. See In re Pearson, 494 F.2d 1399, 1405, 181 USPQ 641, 646 (CCPA 1974). Therefore, the examiner’s finding as supported by The Condensed Chemical Dictionary stands unrebutted on the record before us. Indeed, the independent claims do not even require that the plastic composition be irreversibly cured. Instead, the independent claims merely require that the plastic composition be capable of being irreversibly cured. The evidence shows that an epoxy resin as disclosed by Nakamura is capable of being irreversibly cured. Furthermore, the mere presence of a solvent does not necessarily preclude irreversible curing due to polymerization (which hardens the substance by a change in the chemical make-up of the composition and hence constitutes irreversible curing), as well as by solvent evaporation. 3 3See Golding, Polymers And Resins, page 638 (D. Van Nostrand Company, Inc. 1959) (copy attached). 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007