Ex parte NOGUCHI et al. - Page 6




          Appeal No. 1999-0155                                                        
          Application 08/369,676                                                      


          an issue raised below which is not argued in that court, even               
          of 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.”).                                                                    
               Analysis                                                               
               At the outset, we note that the Appellants elect to have               
          claims 32, 34-37 and 39-41 all stand or fall together, see                  
          brief at page 4.                                                            







               We take claim 32 as representative of the group.  The                  
          Examiner gives a detailed explanation of the rejection at                   
          pages 3-5 of the Examiner's Answer.  The Examiner concludes,                
          id. at page 5, that "[g]iven the systems of Young et al. and                
          Marshall et al., a person having ordinary skill in the art                  
          would have readily recognized the desirability of displaying                
          the electronic guide covering only a portion of the video of                
          the broadcast, so that a user can follow the broadcast program              
                                         -6-                                          





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