Appeal No. 2000-0427
Application No. 08/773,173
arguments not made separately for any individual claim or claims
are considered waived. See 37 CFR § 1.192 (a) and (c). In re
Baxter Travenol Labs., 952 F.2d 388, 391, 21 USPQ2d 1281, 1285
(Fed. Cir. 1991) (“It 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.”); 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 that 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.”).
At the outset, we note the grouping elected by appellant
(see brief at pages 10 and 11):
Group I: claims 1, 7, 10, 30-35 and 40-45.
Group II: claims 5, 16, and 39.
Group III: claims 18, and 27-29.
We note that there are many combinations of the different
references used by the examiner to reject the various claims,
however, we will analyze the claims according to the grouping
above.
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