Appeal No. 1996-2874
Application No. 08/027,849
Although thermally curing the reaction resin of an outer layer
without causing hairline cracks thereto involves a great deal
of experience, time and cost, the above-quoted statement does
not indicate that the resulting thermal-cured tubular body is
patentably different from the claimed light-cured tubular
bodies. In fact, the prior art tubular body, like the claimed
tubular body, does not have any hairline cracks (microcracks)
until it is subjected to a very high pressure, i.e., 500 bar.
Compare, e.g., specification, page 5, with Fuchs, column 3,
lines 1-16. In any event, the alleged “unexpected property”
cannot be established by mere arguments in the Brief or Reply
Brief or conclusory statements in the specification. In re De
Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984);
In re Lindner, 457 F.2d 506, 508, 173 USPQ 356, 358 (CCPA
1972). It must be supported by objective evidence, i.e.,
factual evidence. Id.
In view of the foregoing, we affirm the examiner’s
decision rejecting 2 through 5, 7, 13 and 14.
OTHER ISSUES
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