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 - 14 -Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 3, 2007