Ex parte BERKOVICH et al. - Page 21




          Appeal No. 1997-1636                                      Page 21           
          Application No. 08/204,996                                                  


               For the foregoing reasons, the examiner has not                        
          established a prima facie case of obviousness.  Therefore, we               
          reverse the rejection of claim 14.                                          




               We end our consideration of the obviousness of the claims              
          by noting that the aforementioned affirmances are based only                
          on the arguments made in the brief.  Arguments not raised in                
          the brief are not before us, are not at issue, and are thus                 
          considered waived.                                                          


                                     CONCLUSION                                       
               To summarize, the examiner’s rejection of claims 1-13                  
          under 35 U.S.C. § 103 is affirmed.  Her rejection of claim 14               
          under 35 U.S.C. § 103 is reversed.                                          

















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