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 - 8 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007