Ex parte SAKOSKE et al. - Page 7




          Appeal No. 96-2682                                                          
          Application 08/145,269                                                      



          between 10 to 90 percent by weight tungsten and about 10 to                 
          90 percent by weight molybdenum.                                            
                    As noted above, Appellants have chosen not to argue any           
          of these specific limitations of claim 1 as a basis for patent-             
          ability or to argue specifically the Examiner’s rejection of                
          claim 1.  We are not required to raise and/or consider such                 
          issues.  As stated by our reviewing court in In re Baxter                   
          Travenol Labs., 952 F.2d 388, 391, 21 USPQ2d 1281, 1285 (Fed.               
          Cir. 1991), “[i]t 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.”  37 CFR 1.192(a)           
          as amended at 58 Fed. Reg. 14518 (Mar. 17, 1995), which was                 
          controlling at the time of Appellants' filing the brief, states             
          as follows:                                                                 
                    The brief . . . must set forth the                                
                    authorities and arguments on which the                            
                    appellant will rely to maintain the appeal.                       
                    Any arguments or authorities not included in                      
                    the brief may be refused consideration by the                     
                    Board of [P]atent Appeals and Interferences,                      
                    unless good cause is shown.                                       
          Also, 37 CFR § 1.192(c)(8)(iv) states:                                      
                    For each rejection under 35 U.S.C. 103,                           
                    the argument shall specify the errors in the                      

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