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Question: Can attorney arguments take the place of evidence? Answer: No, the arguments of counsel cannot take the place of evidence in the record. Examples of attorney statements which are not evidence and which must be supported by an appropriate affidavit or declaration include statements regarding unexpected results, commercial success, solution of a long-felt need, […]
The post MPEP Q & A 213: Can Attorney Arguments Take the Place of Evidence? appeared first on Patent Education Series.
By Lisa Parmley, USPTO Patent Practitioner #510063.9
1212 ratings
Question: Can attorney arguments take the place of evidence? Answer: No, the arguments of counsel cannot take the place of evidence in the record. Examples of attorney statements which are not evidence and which must be supported by an appropriate affidavit or declaration include statements regarding unexpected results, commercial success, solution of a long-felt need, […]
The post MPEP Q & A 213: Can Attorney Arguments Take the Place of Evidence? appeared first on Patent Education Series.

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