Ex Parte BIDSTRUP et al - Page 5

          Appeal No. 2002-1190                                                        
          Application No. 09/023,470                                                  


          Brief cannot take the place of objective evidence.  In re                   
          Pearson, 494 F.2d 1399, 1405, 181 USPQ 641, 646 (CCPA 1974).                
               Concerning appellants' reference to "the practice in the               
          European Patent Office" (page 6 of Brief, penultimate paragraph),           
          such practice has no bearing on proceedings before this Board.              
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is affirmed.                         
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        



                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         THOMAS A. WALTZ               ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JAMES T. MOORE                )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     





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