Appeal No. 96-1444 Application 08/130,577 referred to. The appeal is indicated on the internal papers setting the panel to be an "On Brief" case. Mr. Feinberg did not have the file in front of him when conversing with counsel about whether a waiver had been received. Therefore, the appeal was properly decided On Brief. In any case, appellants do not state what the remedy should be if the decision was inadvertently made without an oral hearing assuming a request was in the file or assuming that the request was lost in the mail. There is no denial of due process of law. See 37 CFR § 1.194(a) (1998) ("An appeal decided without an oral hearing will receive the same consideration by the [Board] as appeals decided after oral hearing."). Obviousness Appellants discuss claim 1 and state that "[t]he other independent claims . . . differ from the prior art in ways similar to those described in conjunction with claim 1" (RR7). Thus, the arguments and our response are limited to claim 1. Appellants argue that our interpretation of images A, B, C of Tatsumi as "independent" images "is at odds with the term - 3 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007