Appeal No. 1997-2856
Application 08/394,251
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.");
In re Wiseman, 596 F.2d 1019, 1022, 201 USPQ 658, 661 (CCPA
1979) (arguments must first be presented to the Board before
they can be argued on appeal). It is noted that it is
improper for an appellant to raise issues for the first time
in any request for rehearing, because a request for rehearing
is limited to reconsideration of points that were made in the
brief. See 37 CFR § 1.197(b) ("The request for
reconsideration shall state with particularity the points
believed to have been misapprehended or overlooked in
rendering the decision and also state all other grounds upon
which reconsideration is sought.").
Lack of enablement and/or written description
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