Appeal No. 94-3053
Application 07/832,661
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 Patent Appeals and
Interferences.
Also, 37 CFR § 1.192(c)(6)(iii) states:
For each rejection under 35 U.S.C. 102, the
argument shall specify the errors in the
rejection and why the rejected claims are
patentable under 35 U.S.C. 102, including
any specific limitations in the rejected
claims which are not described in the prior
art relied upon in the rejection.
Thus, 37 CFR § 1.192 provides that, just as the Court is not
under any burden to raise and/or consider issues not raised by
an appellant, this board is also not under any such burden and
declines to do so for this group of claims.
Group (2) - representative claim 60
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