Appeal No. 1998-1658 Application 08/343,876 USPQ 247, 254 (CCPA 1967) ("This court has uniformly followed the sound rule that an issue raised below which is not argued in this court, even if it has been properly brought here by a 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."); In re Wiseman, 596 F.2d 1019, 1022, 201 USPQ 658, 661 (CCPA 1979) (arguments must first be presented to the Board before they can be argued on appeal). Claim interpretation Initially, claims 1 and 8 do not appear to define the direction of the principal axis of the magnetic anisotropy with respect to the running direction of the recording medium. Appellants' figures 1A and 1B show the "normal direction" and "reverse direction" with respect to the inclination of the principal axis of magnetic anisotropy. However, the limitation "run in a normal direction with respect to said magnetic recording medium" in claim 1 is not defined and can be interpreted broadly as the direction of the head relative to the tape during normal recording and/or reproducing. Similarly, the limitation "normal running direction of said recording medium" in claim 8 is not defined and can be interpreted broadly as the direction of the recording medium relative to the head during normal recording and/or reproducing. That is, it is known that - 5 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007