Saturday, November 17, 2012

Attorney argument dismissed in Ex parte Meiere

Within Ex parte Meiere :

Appellant has not provided evidence which refutes a finding that McCord’s process, if modified to use a hafnium oxide compound having a zirconium concentration of less than 500 ppm, would result in a low zirconium hafnium halide composition as claimed. See In re Geisler, 116 F.3d 1465, 1471 (Fed. Cir. 1997) (argument by counsel cannot take the place of evidence); In re Lindner, 457 F.2d 506, 508 (CCPA 1972) (mere conclusory statements of superiority in the Specification and/or the Brief, unsupported by factual evidence, are of little probative value).


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