Appeal No. 95-3592
Application 08/109,203
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 such issues, this
board is not under any greater burden.
In view of the foregoing, the decision of the
Examiner rejecting claims 1 through 4, 6 through 10, 17
through 19 and 21 through 23 under 35 U.S.C. § 102 as being
anticipated by Shirato or in the alternative under 35 U.S.C. §
103 as being unpatentable over Shirato is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
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