Appeal 2007-0539
Application 10/264,026
animal impurities is to obtain the pseuodopterosin compounds from non-
animal sources” (id. at 7-8). Nevertheless, attorney argument is not
evidence. In re Pearson, 494 F.2d 1399, 1405, 181 USPQ 641, 646 (CCPA
1974). Nor can it take the place of evidence lacking in the record. Meitzner
v. Mindick, 549 F.2d 775, 782, 193 USPQ 17, 22 (CCPA 1977).
We find that the Examiner has established a sound basis for believing
that the prior art compositions meet all the limitations of the present claims,
properly shifting the burden to Appellants to show otherwise. We further
find that Appellants have not adequately discharged their burden of rebuttal,
by argument or evidence.
SUMMARY
Rejections I-VII of claims 14-16, 18-20, 32-34, and 36-48 under 35
U.S.C. § 102(b) are affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
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