Appeal No. 1999-0011
Application No. 08/428,812
considered waived. See 37 CFR § 1.192 (a) and (c). In re
Baxter Travenol Labs., 952 F.2d 388, 391, 21 USPQ 2d 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 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 that court,
even if 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.")
At the outset, we note the grouping of claims elected by
Appellants at page 5 of the Brief. Claims 1 to 7 constitute
group 1, claims 8 to 10 constitute group 2, claim 11
constitutes group 3 and claims 12 to 14 constitute group 4.
We discuss each group separately.
Claims 1 to 7
These claims have been rejected under 35 U.S.C. § 103
over Bossen at page 5 of the Answer. We take claim 1 as
representative of the first group. According to the Examiner,
7
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