Ex parte OTT et al. - Page 7




          Appeal No. 1999-0439                                                        
          Application 08/652,908                                                      


          arguments.  See Id.; In re Hedges, 783 F.2d 1038, 1039, 228                 
          USPQ 685, 686 (Fed. Cir. 1986); In re Piasecki, 745 F.2d 1468,              
          1472, 223 USPQ 785, 788 (Fed. Cir. 1984); and In re Rinehart,               
          531 F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976).  Only                   
          those arguments actually made by appellants have been                       
          considered in this decision.  Arguments which appellants could              
          have made but chose not to make in the brief have not been                  
          considered [see 37 CFR                                                      
          § 1.192(a)].                                                                
          We consider first the rejection of claims 2-7, 12 and                       
          13 based on the teachings of Thompson taken alone.  These                   
          claims stand or fall together as a single group [brief, page                
          3].  With respect to representative, independent claim 2, the               
          examiner asserts that Thompson teaches the claimed invention                
          except for the latching portion of Thompson being integral                  
          with the body portion.  The examiner finds that it would have               
          been obvious to the artisan to make Thompson’s latching                     
          portion 21 integral with Thompson’s body portion 20,36 because              
          it has been held to involve only routine skill to form an                   
          article in one piece which had formerly been formed in two                  
          pieces, citing Howard v. Detroit Stove Works, 150 U.S. 164                  
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