Appeal No. 95-3691
Application No. 08/067,198
A request for reconsideration shall state with
particularity the points believed to have been misapprehended
or overlooked in rendering the decision. 37 CFR § 1.197(b).
The request states that the decision appears to have
overlooked the fact that McNeely does not anticipate the
claimed invention. In support of this assertion, the request
argues that four limitations, one in independent claim 1 and
the three in the dependent claims, are not shown by McNeely.
The arguments now raised in the request were not presented in
appellant’s brief, but rather are now raised for the first
time on reconsideration. For that reason, we could not have
overlooked the complained of matters, since they were not
raised. Moreover, it is well settled that the failure to
present an argument, prior to a request for reconsideration,
constitutes a waiver of the argument. In re Kroekel, 803 F.2d
705, 709, 231 USPQ 640, 642-643 (Fed. Cir. 1986).
Accordingly, the request is granted to the extent that we
have reviewed our decision and is denied insofar as it seeks
any modification thereof.
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