Friday, March 01, 2013

Naked assertion

from within Ex parte Quinn

Appellant recites portions of the claim limitations and contend that the
reference does not teach the limitations. Id. Such statements are not
considered to be arguments. 37 C.F.R. § 41.37(c)(1)(vii) (“A statement
which merely points out what a claim recites will not be considered an
argument for separate patentability of the claim.”); In re Lovin, 652 F.3d
1349, 1357 (Fed. Cir. 2011) (“[W]e hold that the Board reasonably
interpreted Rule 41.37 to require more substantive arguments in an appeal
brief than a mere recitation of the claim elements and a naked assertion that
the corresponding elements were not found in the prior art.”). Thus, we do
not find Appellant’s arguments to be persuasive.


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