Appeal No. 1998-0819
Application 08/541,656
60 Fed. Reg. 14518 (March 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 the appellant will rely to maintain
the appeal. Any arguments or authorities not included in
the brief may be refused consideration by the Board of
Patent 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 appropriated, 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 this board is not
under any greater burden than the court which is not under any
burden to raise and/or consider such issues. Therefore, we
are not required to raise and/or consider such issues and we
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