Appeal No. 96-1582
Application No. 08/292,928
We also will not sustain the rejection of independent
claims 9, 12, 17, 18, 23 and 29, and the claims which depend
therefrom, as well as dependent claim 37, because these claims
include limitations discussed supra with regard to claims 1
and 16.
However, we will sustain the rejection of claims 8, 15,
34 through 36 and 38 through 40 under 35 U.S.C. § 103 since
these claims include none of the limitations argued by
appellant as distinguishing over the applied reference.
Arguments not made by appellant are waived. In re Kroekel,
803 F.2d 705, 709, 231 USPQ 640, 642-643 (Fed. Cir. 1986).
We have not sustained the rejection of claims 1 through
7,
9 through 14, 16 through 33 and 37 but we have sustained the
rejection of claims 8, 15, 34 through 36 and 38 through 40.
Accordingly, the examiner’s decision is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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