Ex parte SUMMERFELT et al. - Page 6




          Appeal No. 1998-0765                                                        
          Application No. 08/451,853                                                  


          In re Baxter Travenol Labs., 952 F.2d 388, 391, 21 USPQ2d                   
          1281, 1285 (Fed. Cir. 1991)                                                 
          ("It is not the function of this court to examine the claims                
          in greater detail than argued by an appellant, looking for                  
          nonobviousness 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 that court, even               
          of it has been properly brought here by 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.”).                                                                    




               Analysis                                                               
               At the outset, we note that appellants have elected,                   
          brief at page 4, to have claims 16 to 22, and 24 to 36 stand                
          or fall together.  We also note that there are three separate               
          combinations of the applied references for the rejections on                
          appeal.  We will consider each combination separately.                      
               The rejection over Kaiser, McSweeney and Miyasaka                      
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