Appeal No. 2003-1924 Page 6
Application No. 08/554,533
overlook the advantages that may be obtained by the claimed invention. Instead, we
believe those advantages, as they relate to the claimed subject matter, are present in the
combined teachings of Murphy and McLeod. In addition, we note that attorney argument
in a brief cannot take the place of evidence. In re Pearson, 494 F.2d 1399, 1405, 181
USPQ 641, 646 (CCPA 1974).
In light of the foregoing, the appellants' request for rehearing is granted to the extent
of reconsidering our decision, but is denied with respect to making any change thereto.
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