Monday, April 15, 2013

Arguments of counsel found inadequate in Ex parte Chen

The outcome in Ex parte Chen : The Examiner did not err in rejecting claims 1-41 under § 103.

It is well settled that arguments of counsel cannot take the place of factually supported objective evidence. See In re Huang, 100 F.3d 135, 139-40 (Fed. Cir. 1996). We thus find the arguments that the “secure” keys must be the same type are not commensurate in scope with claim 1’s limitations.

STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. represented the appellant.


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