Ex parte CHAPMAN et al. - Page 7




          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                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007