Appeal No. 2005-0962
Application 09/839,245
Rejections At Issue
Claims 1-8 and 13-20 stand rejected under 35 U.S.C. § 103 as
being obvious over the combination of Katz and Vandivier.
Throughout our opinion, we make references to the
Appellant’s briefs, and to the Examiner’s Answer for the
respective details thereof.1
OPINION
With full consideration being given to the subject matter on
appeal, the Examiner’s rejections and the arguments of the
Appellant and the Examiner, for the reasons stated infra, we
reverse the Examiner’s rejection of claims 1-8 and 13-20 under
35 U.S.C. § 103.
Only those arguments actually made by Appellant have been
considered in this decision. Arguments that Appellant could have
made but chose not to make in the brief have not been considered.
We deem such arguments to be waived by Appellant [see
37 CFR § 41.37(c)(1)(vii) effective September 13, 2004 replacing
37 CFR § 1.192(a)].
1 Appellant filed an appeal brief on July 6, 2004. Appellant
filed a reply brief on November 15, 2004. The Examiner mailed an
Examiner’s Answer on September 16, 2004.
4
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