Appeal No. 2002-1274
Application No. 09/153,309
It is by now axiomatic that counsel's arguments in the Brief
cannot take the place of objective evidence, and appellants have
not proffered any such evidence which establishes that zirconium
alloys produced by the methods of Scruggs and appellants are
patentably distinct. In re Pearson, 494 F.2d 1399, 1405,
181 USPQ 641, 646 (CCPA 1974). We also note that the claimed
method on appeal is not limited to the specific process disclosed
in the specification with respect to upper and lower molds.
Furthermore, while appellants maintain that "the zirconium system
amorphous alloys produced by the methods of the present invention
can be obtained in a larger mass" than that obtained by
conventional methods (page 5 of Brief, second paragraph), Scruggs
expressly discloses that the molten metal "can be processed in
quantifies [sic, quantities] greater than the size of the die-
casting charge or in the size of the die-casting charge"
(column 10, lines 24-26).
In conclusion, based on the foregoing and the reasons well-
stated by the examiner, the examiner's decision rejecting the
appealed claims is affirmed.
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