Appeal No. 1998-1853
Application No. 08/397,292
claim or claims are considered waived. See 37 CFR § 1.192(a)
and (c). 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.”).
We first consider the rejection of claim 1 over Dworkin
and Maki. After reviewing the position of appellants, brief
at pages 3 to 5, and the position of the examiner, final
rejection at pages 2 to 4 and answer at pages 3 to 6, we
5
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