Ex parte POPOV et al. - Page 12




          Appeal No. 1998-2148                                                        
          Application 08/764,783                                                      


                    Appellants contend that Postma does not disclose a                
          “means to remove heat”.  We agree with the Examiner’s                       
          explanation on pages 5 and 6 of the answer, wherein it states:              
               The thermally-conductive cylinder of Postma is not a                   
               perfect insulator and must dissipate heat.  Again                      
               dissipating heat to the outside thereof is simply                      
               not                                                                    
               an issue with the claimed invention, but even if it                    
               were Postma’s device must do so (Note the connection                   
               of such to the lead in).                                               
          Claims 8 and 9                                                              
                    Appellants note the same shortcomings of Postma as                
          alleged with respect to claims 1 through 4, 6 and 7.  We see                
          no need to repeat the analysis, and find that Postma does make              
          obvious all the limitations of claims 8 and 9, as noted with                
          respect to claims 1 through 4, 6 and 7.                                     
                    We are not required to raise and/or consider issues               
          not argued by Appellants.  As stated by our reviewing court in              
          In re Baxter Travenol Labs., 952 F.2d 388, 391, 21 USPQ2d                   
          1281, 1285 (Fed. Cir. 1991), “[i]t is not the function of this              
          court to examine the claims in greater detail than argued by                
          an appellant, looking for nonobvious distinctions over the                  
          prior art.”  37 CFR                                                         

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