Ex parte VAN NES - Page 21




          Appeal No. 95-1423                                                          
          Application 07/928,883                                                      

          change in Havel would have suggested use of a “color look-up                
          table” as claimed to one of ordinary skill in the art.                      
          Appellant argues that claim 69 recites "content and/or                      
          supporting elements" which is not shown or suggested by Nopp                
          or Havel.  The Examiner responds to this argument on page 12                
          of the answer that this limitation reads on the control SAZ                 
          and SGZ shown in Figure 4  and described at page 14, lines 3-               
          23.  We find the Examiner’s position is reasonable on its face              
          and has not been challenged.                                                
               Accordingly, we sustain the rejection of claims 40, 41,                
          61, 64-66, 68, 69 and 76-77 over Nopp in view of Havel.                     
          II. Claims 62, 63, 67 and 73 stand rejected over Nopp in view               
          of Havel and further in view of Iwai.  These claims are not                 
          argued separately with any specificity, therefore, they stand               
          or fall with independent claims 61 and 69.  Applicant has                   
          waived any specific arguments as to these dependent claims by               
          failing to raise them in his brief to the board.  See Becton                
          Dickinson & Co.                                                             
          v. C.R. Bard, Inc., 922 F.2d 792, 800, 17 USPQ2d 1097, 1103                 
          (Fed. Cir. 1990) (“[W]e see no reason to depart from the sound              
          practice                                                                    

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