Ex parte ONISHI et al. - Page 8




         Appeal No. 1998-2948                                                      
         Application 08/400,861                                                    

         the claims in greater detail than argued by an appellant,                 
         looking for nonobvious 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 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).  Therefore, for example,            
         we do not address the limitation that the                                 
         interconnect/electrode film is formed by physical vapor                   
         deposition.  Nor do we consider the arguments presented for               
         the first time at the oral hearing.                                       

         The prima facie case                                                      
              Kiyota discloses the claimed subject matter except for               
         the limitation that "said interconnect/electrode film is                  
         formed of an Al alloy containing at least one element selected            
         from the group consisting of rare earth elements in an amount             
         of 0.1 to 10 at%" in claim 1.  The secondary references to                
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