Appeal No. 1996-1767 Page 21
Application No. 08/220,410
Here, claim 9 as filed specified in pertinent part “a
first adder with at least two outputs, each of said outputs
fed into a multiplier ....” (Spec. at 14.) This recitation
evidences that the appellants' invention included the adder
with two outputs. Therefore, we reverse the rejection of
claims 9-11 under § 112, ¶ 1.
We end our consideration of the outstanding rejections by
noting that the aforementioned affirmances are based only on
the arguments made in the briefs. Arguments not raised in the
briefs are not before us, are not at issue, and are thus
considered waived. Next, we address the new rejection.
New Rejection
Under the provisions of 37 CFR § 1.196(b), we enter a new
ground of rejection against claims 9-11. The second paragraph
of 35 U.S.C. § 112 requires that the specification conclude
"with one or more claims particularly pointing out and
distinctly claiming the subject matter which the applicant
regards as his invention."
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