Ex Parte Bird

Board of Patent Appeals and Interferences

Jul 31, 2007

10274758 (B.P.A.I. Jul. 31, 2007)

The opinion in support of the decision being entered today
is not binding precedent of the Board.

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte GREGORY MICHAEL BIRD

Appeal 2007-1109
Application 10/274,758
Technology Center 3700
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Decided: July 31, 2007
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Before RICHARD E. SCHAFER, JAMESON LEE, and SALLY C. MEDLEY,
Administrative Patent Judges.

SCHAFER, Administrative Patent Judge.

DECISION ON APPEAL

Applicant appeals from the final rejection of Claim 5. 35 U.S.C. § 134(a).
We have jurisdiction. 35 U.S.C. § 6(b).
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An Examiner rejected Claim 5 under 35 U.S.C. § 103(a) as unpatentable
over the combination of Matsunaga1 and Fujita.2

1 U.S. Patent 6,299,409.
2 U.S. Patent 5,964,576.

Appeal 2007-1109
Application 10/274,758

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Upon consideration of the record, we affirm for the reasons stated on Pages
2-4 of the Final Rejection entered July 19, 2005, and Pages 3-4 of the Examiner’s
Answer entered December 23, 2005. We also note applicant’s assertion that
[i]t is believed that the configuration of the vane, which
includes this taper, increases the efficiency of the fan. It is
believed this increase in efficiency is due to the vane acting as a
foil, as a result of this unique configuration.
Brief, p. 4. This assertion in unsupported by evidence. It is mere attorney
argument and not entitled to any weight. Arguments of counsel can not take the
place of evidence. Estee Lauder Inc. v. L'Oreal S.A., 129 F.3d 588, 595, 44
USPQ2d 1610, 1615 (Fed. Cir. 1997).
DECISION
The rejection of Claim 5 is 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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Appeal 2007-1109
Application 10/274,758

By First Class Mail

Attorney for the applicant:

Dorian B. Kennedy
BAKER, DONELSON, BEARMAN
CALDWELL & BERKOWITZ
Six Concourse Parkway, Suite 3100
Atlanta, GA 30328
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