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 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007