Appeal No. 1997-1383
Application No. 08/217,392
§ 1.192(a) as amended at 60 Fed. Reg. 14518 (Mar. 17, 1995),
which was controlling at the time of Appellants' filing the
brief, states as follows:
The brief . . . must set forth the
authorities and arguments on which
appellant will rely to maintain the appeal.
Any arguments or authorities not included
in the brief will be refused consideration
by the Board of [P]atent Appeals and
Interferences, unless good cause is shown.
Also, 37 CFR § 1.192(c)(8)(iv) states:
For each rejection under 35 U.S.C.
§ 103, the argument shall specify the
errors in the rejection and, if
appropriate, the specific limitations in
the rejected claims which are not described
in the prior art relied on in the
rejection, and shall explain how such
limitations render the claimed subject
matter unobvious over the prior art. If
the rejection is based upon a combination
of references, the argument shall explain
why the references, taken as a whole, do
not suggest the claimed subject matter, and
shall include, as may be appropriate, an
explanation of why features disclosed in
one reference may not properly be combined
with features disclosed in another
reference. A general argument that all the
limitations are not described in a single
reference does not satisfy the requirements
of this paragraph.
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