Ex parte NILSSEN - Page 6




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

          in greater detail than argued by an appellant, looking for                  
          nonobvious distinctions over the prior art."); In re Wiechert,              
          370 F.2d 927, 936, 152 USPQ 247, 254 (CCPA 1967) ("This court               
          has uniformly followed  the sound rule that an issue raised                 
          below which is not argued in this court, even if it has been                
          properly brought here by a reason of appeal, is regarded as                 
          abandoned and will not be considered.  It is our function as a              
          court to decide disputed issues, not to create them.");                     
          In re Wiseman, 596 F.2d 1019, 1022, 201 USPQ 658, 661 (CCPA                 
          1979) (arguments must first be presented to the Board before                
          they can be argued on appeal).  It is noted that it is                      
          improper for an appellant to raise issues for the first time                
          in any request for rehearing, because a request for rehearing               
          is limited to reconsideration of points that were made in the               
          brief.  See 37 CFR § 1.197(b) ("The request for                             
          reconsideration shall state with particularity the points                   
          believed to have been misapprehended or overlooked in                       
          rendering the decision and also state all other grounds upon                
          which reconsideration is sought.").                                         

          Lack of enablement and/or written description                               


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