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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