Ex parte SALM - Page 8




          Appeal No. 95-2205                                                          
          Application 07/750,807                                                      


               As pointed out above, IBM teaches on page 87 an allocation             
          of storage for a job.  This allocation is the additional 12k of             
          GETVIS area where the total GETVIS is increased from 48k to 60k             
          as shown in Figures 27 and 28.  Therefore, we find that the IBM             
          guide does teach an allocation of additional private storage area           
          on a job basis.                                                             
               We note that Appellant has not argued that IBM has failed to           
          meet any of the other limitations of the claims.  Appellant has             
          chosen not to argue any of these specific limitations of the                


          claims as a basis for patentability.  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 F.R. 54510 Oct. 22,               
          1993, which was controlling at the time of Appellant’s 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 will be refused consideration by the Board                
               of Patent Appeals and Interferences.                                   

                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007