Appeal No. 1998-2578
Application No. 08/443,307
In summary, we have granted the Examiner’s request for rehearing, and have
determined that our original decision was in error. We sustain the rejection of claims
1-23 under 35 U.S.C. § 103 as being unpatentable over Kashigi, Pietzsch, Gelissen,
and Maietta. We have considered all of appellant’s arguments in making our
determinations. Arguments not relied upon are deemed waived. See 37 CFR
§ 1.192(a) (“Any arguments or authorities not included in the brief will be refused
consideration by the Board of Patent Appeals and Interferences, unless good cause is
shown.”) and § 1.192(c)(8)(iv) (the brief must point out the errors in the rejection).
CONCLUSION
The Examiner’s request for rehearing is granted. We reverse our decision of
January 10, 2001. The Examiner’s decision in rejecting claims 1-23 is affirmed.
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