Appeal No. 1998-0892 Application No. 08/509,795 1986); In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984); and In re Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976). Only those arguments actually made by appellant have been considered in this decision. Arguments which appellant could have made but chose not to make in the brief have not been considered [see 37 CFR § 1.192(a)]. With respect to representative, independent claim 8, the examiner essentially finds that Lipscomb discloses the claimed subject matter except for the direct comparison of the angle calculated for one of the noise candidate coordinate points with the angle calculated for a second noise candidate coordinate point [answer, pages 3-4]. Appellant does not dispute these findings of the examiner [brief, page 4]. The examiner cites Ward as teaching a direct comparison of angles calculated for two points, and the examiner asserts the obviousness of using Ward’s angle comparison technique with Lipscomb’s noise detector [answer, page 4]. Appellant’s only argument in response to this rejection is that Ward does not teach or suggest the direct comparison of an angle calculated for one noise coordinate point with the angle calculated for a second noise coordinate point [brief, 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007