Ex parte BAKER et al. - Page 12




          Appeal No. 95-1682                                                          
          Application 07/853,459                                                      



          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 appel-               
          lant, looking for nonobvious distinctions over the prior art."              
          37 CFR § 1.192(a) as amended at 58 Fed. Reg. 54510, Oct. 22,                
          1993, which                                                                 
          was controlling at the time of Appellants filing the brief,                 
          states as follows:                                                          
                    The brief . . . must set forth the authori-                       
                    ties 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 Interfer-                         
                    ences.                                                            
          Also, 37 CFR § 1.192(c)(6)(iv) states:                                      
                    For each rejection under 35 U.S.C. 103, the                       
                    argument shall specify the errors in the                          
                    rejection and, if appropriate, the specific                       
                    limitations in the rejected claims which                          
                    are not described in the prior art relied                         
                    on in the rejection, and shall explain how                        
                    such limitations render the claimed subject                       
                    matter unobvious over the prior art.  If                          
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