Ex parte GIFFORD - Page 8




          Appeal No. 1998-0631                                                        
          Application 07/957,990                                                      

          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).                                                          

















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