Ex parte POTH - Page 10




          Appeal No. 1998-3128                                      Page 10           
          Application No. 08/624,874                                                  


          standing alone is clear and unambiguous, there is no                        
          compelling reason to give the expression weight.                            


               For the foregoing reasons, we are persuaded that the                   
          teachings of Austin in combination with the prior art as a                  
          whole would have suggested the limitations of representative                
          claim 1. Therefore, we affirm the rejection of claims 1-3 and               
          6-8 as obvious over Austin.                                                 


               Our affirmances are based only on the arguments made in                
          the briefs.  Arguments not made therein are not before us, are              
          not at issue, and are considered waived.  Next, we address the              
          obviousness of claims 4, 5, 9, and 10.                                      


                               Claims 4, 5, 9, and 10                                 
               The appellant argues, "there is no disclosure or teaching              
          related to the features associated with the predetermined time              
          span."  Claims 4 and 5 specify in pertinent part the following              
          limitations: "storing status information for a predetermined                
          current time span."  Similarly, claims 9 and 10 specify in                  
          pertinent part the following limitations: "storing said status              







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