Appeal No. 1997-0153
Application No. 08/375,681
52). When the filter is inserted and the elastic sleeve is
folded over the end of the filter to form a gas tight fit
there must be close (gas tight) contact between the filter and
the elastic sleeve. Such contact would result in, at least,
the elastic sleeve being deformed and stressed, i.e. an
interference fit. This likely also extends to the bonded
sorbent filter of Braun which is described as “semi-rigid”
(col. 2, line 26) causing it also to undergo some deformation
and stress. Although the appellants comment (brief, footnote
No. 1) that “a bonded sorbent filter element is a relatively
rigid structure that will not compress in response to pressure
from an elastic sleeve”, Braun’s description of a bonded
sorbent “semi-rigid” filter suggests at least some compression
takes place. Attorney's argument in a brief cannot take the
place of evidence. In re Pearson, 494 F.2d 1399, 1405, 181
USPQ 641, 646 (CCPA 1974). Thus, we conclude that Schlobohm
inherently describes a compressed interference fit that
accomplishes the same purpose as appellants, i.e., prevention
of gas flow between the filter and sleeve.
The appellants describe Schlobohm’s “loose fit”
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