Appeal No. 2005-2522 Page 8
Application No. 09/841,453
molecules of Grainger being incompatible with a nanoporous film
application represents mere attorney argument or conjecture and
is not substantiated with any persuasive evidence. Unsupported
arguments of counsel simply cannot take the place of evidence.
See In re Pearson, 494 F.2d 1399, 1405, 181 USPQ 641, 646 (CCPA
1974).
Further concerning this matter, we observe that appellants
(specification, page 11, lines 10-13) disclose that polymers with
10,000 or greater repeating units can be employed in forming
their nanoporous film coating. That disclosure undercuts
appellants’ argument suggesting that the polymers of Grainger
(column 3, lines 1-6), which can have a molecular weight as small
as on the order of 10,000, would be too large for use with a
nanoporous film.
Consequently, we determine that one of ordinary skill in the
art would have found ample incentive to employ the hydrophobic
coating of Grainger for a nanoporous film as taught by Jin to
impart hydrophobic properties thereto based on the combined
teachings of those references and with a reasonable expectation
of success in so doing. 5
5Because we find that the combined teachings of Jin and
Grainger make out a prima facie case of obviousness that has not
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