Appeal No. 1997-2856 Application 08/394,251 sub-assembly" (Final Rejection, page 11) erroneously switches the claims of the application with the claims of the patent. We refer to the Final Rejection (Paper No. 4) (pages referred to as "FR__") and the Examiner's Answer (Paper No. 7) (pages referred to as "EA__") for a statement of the Examiner's position and to the Appeal Brief (Paper No. 6) (pages referred to as "Br__") for Appellant's arguments thereagainst. OPINION Analysis limited to arguments in Appellant's brief We confine our analysis to issues and differences argued in the brief. See 37 CFR § 1.192(c)(8)(iv) (1995) ("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."). Arguments not made are considered abandoned. Cf. 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 - 5 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007