Appeal No. 1999-0941 Page 9
Application No. 08/756,424
not be capable of the type of flexure described by Steere, but is not accompanied by any evidence or
rationale to support this conclusion.4
For the foregoing reasons, we shall sustain the examiner's rejections of claim 31 and of claims
32-44, 49 and 50 which stand or fall with claim 31.
CONCLUSION
To summarize, the decision of the examiner to reject claims 31-44, 49 and 50 under 35 U.S.C.
§ 103 is affirmed.
Attorney's arguments in a brief cannot take the place of evidence. In re Pearson, 494 F.2d 1399, 1405, 1814
USPQ 641, 646 (CCPA 1974).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007