Appeal No. 1999-0877
Application No. 08/204,441
disclosure are not to be imported into the claims. In re
Lundberg, 244 F.2d 543, 113 USPQ 530 (CCPA 1957); In re
Queener, 796 F.2d 461, 230 USPQ 438 (Fed. Cir. 1986). We also
note that the arguments not made separately for any individual
claim or claims are considered waived. See 37 CFR § 1.192(a)
and (c). In re Baxter Travenol Labs., 952 F.2d 388, 391, 21
USPQ2d 1281, 1285 (Fed. Cir. 1991) (“It is not the function of
that court to examine the claims in greater detail than argued
by an appellant, looking for nonobviousness 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.”).
The Examiner gives a detailed explanation of the
rejection on pages 4 to 7 of the Examiner's answer . The 3
Examiner concludes, answer at page 3, that "it would have been
3The pages in the Examiner's answer have been serially
renumbered.
5
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