Appeal No. 2000-0142 Page 25
Application No. 08/705,569
Here, as aforementioned, we affirmed the rejection of
claim 19 as anticipated by De La Plaza. Accordingly, the
claim is ipso facto obvious over De La Plaza alone or in
combination with other references. Any teachings of the AAPA
are merely cumulative. Therefore, we affirm the rejection of
claim 19 as obvious over AAPA in view of De La Plaza.
CONCLUSION
In summary, the rejection of claims 1-10, 14, and 19
under § 112, ¶ 2 is reversed, while the rejection of claims 15
and 20 thereunder is affirmed. The rejection of claims 18 and
19 under § 102(b) is affirmed, while the rejection of claim 20
thereunder is reversed. The rejection of claims 19, 21, and
22 under § 103(a) is affirmed, while the rejection of
claims 1-10, 14, 15, and 20 thereunder is reversed. Our
affirmances are based only on the arguments made in the
briefs. Arguments not made therein are neither
before us nor at issue but are considered waived.
No time for taking any action connected with this appeal
may be extended under 37 CFR § 1.136(a).
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