Ex parte NILSSEN - Page 5




          Appeal No. 1997-2856                                                        
          Application 08/394,251                                                      

          sub-assembly" (Final Rejection, page 11) erroneously switches               
          the claims of the application with the claims of the patent.                
               We refer to the Final Rejection (Paper No. 4) (pages                   
          referred to as "FR__") and the Examiner's Answer (Paper No. 7)              
          (pages referred to as "EA__") for a statement of the                        
          Examiner's position and to the Appeal Brief (Paper No. 6)                   
          (pages referred to as "Br__") for Appellant's arguments                     
          thereagainst.                                                               

                                       OPINION                                        
          Analysis limited to arguments in Appellant's brief                          
               We confine our analysis to issues and differences argued               
          in the brief.  See 37 CFR § 1.192(c)(8)(iv) (1995) ("For each               
          rejection under 35 U.S.C. 103, the argument shall specify the               
          errors in the rejection and, if appropriate, the specific                   
          limitations in the rejected claims which are not described in               
          the prior art relied on in the rejection, and shall explain                 
          how such limitations render the claimed subject matter                      
          unobvious over the prior art.").  Arguments not made are                    
          considered abandoned.  Cf. In re Baxter Travenol Labs.,                     
          952 F.2d 388, 391, 21 USPQ2d 1281, 1285 (Fed. Cir. 1991)                    
          ("It is not the function of this court to examine the claims                
                                        - 5 -                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007