Ex parte MARKANDEY et al. - Page 11




          Appeal No. 1998-0662                                                        
          Application No. 08/561,223                                                  


               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.                                                     
          Thus, 37 CFR § 1.192 provides that just as the court is not                 
          under any burden to raise and/or consider such issues, this                 
          board is also not under any greater burden.                                 
               In view of the foregoing, the decision of the Examiner                 
          rejecting claims 1, 4, 7, 8, 9, 11, 15, 17, 18 and 20 under                 





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