Ex parte SHOR et al. - Page 14




          Appeal No. 96-4052                                                          
          Application 08/198,511                                                      

          In re Baxter Travenol Labs., 952 F.2d 388, 391,                             
          21 USPQ2d 1281, 1285 (Fed. Cir. 1991) ("It 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."); In re Wiechert, 370 F.2d 927, 936,                   
          152 USPQ 247, 254 (CCPA 1967) ("This court has uniformly                    
          followed the sound rule that an issue raised below which is                 
          not argued in this court, even if it has been properly brought              
          here by a reason of appeal, is regarded as abandoned and will               
          not be considered.  It is our function as a court to decide                 
          disputed issues, not to create them.").  The rejection of                   
          claims 42 and 46 is sustained.                                              
               Appellants argue that "[t]he masking material, as taught               
          by Kohl et al. (column 5, lines 56-59), comprises noble                     
          metals, and hence does not include silicon nitride (which is                
          not a metal) and chromium (which is not a noble metal) as are               
          recited in Applicant's claim 43" (Br10).  Applicant argues                  
          that "it would not have been obvious to 1) use materials that               
          were not even suggested by Kohl et al. (silicon nitride and                 
          chromium) as masking agents" (Br10-11).  This argument is not               
          persuasive.  Claim 43 recites that "said masking material is                

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