Appeal 1997-2572
Application 08/220,562
therefore expect that a polyimidesiloxane made from
6FDA and the diamines required in their claims would
not have sufficient bond strength to function as an
adhesive.
Applicants go on to make an unusual representation as
follows on page 6 of the Appeal Brief:
For the record, and for the purpose of creating a
file wrapper estoppel, *** [applicants] will state
that a polyimidesiloxane made from an anhydride
component that is at least 10 mole % 6FDA (and the
remainder BPDA) is outside the scope of their
claims.
Applicants cannot narrow a claim during prosecution
before the Patent and Trademark Office by explicitly creating
a file wrapper estoppel in a brief on appeal. The proper
manner to narrow a claim during prosecution is to amend the
claims.
Applicants cannot rely on experimental work without
presenting evidence of the experimental work. A discussion in
a brief on appeal of experimental work alleged to have taken
place is mere argument of counsel which all concerned should
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