Appeal No. 2000-1085
Application No. 08/980,349
oxide doped with phosphorus taught in Okuda since such powder is
not expected to be dispersible in forming a conductive layer.
See the Brief, pages 4-5. This argument, however, is not
persuasive as it is not supported by any objective evidence. It
is well settled that mere arguments in the Brief or conclusory
statements in the specification cannot take the place of
objective evidence. See In re De Blauwe, 736 F.2d 699, 705, 222
USPQ 191, 196 (Fed. Cir. 1984). In any event, by indicating
superiority of its specifically prepared tin oxide doped with
phosphorus over both tin oxide doped with antimony and carbon,
Okuda impliedly teaches that its conductive material does not
suffer from the drawbacks of both carbon and tin oxide doped with
antimony (drawbacks include dispersibility problems).
The appellant argues (Brief, page 5) that:
the pigment of the invention possesses unexpected
advantages over Bruckner’s pigment (mica flakes crated
with antimony doped tin oxide) with respect to
temperature and weathering stability. Bruckner’s
pigment is generally calcined at 800 C. (See, e.g.,o
col. 4, lines 9-10), and the highest temperature of the
acceptable range of heating temperatures in only 900 C o
(See, e.g., col. 3, lines 28-30); on information and
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