Ex parte BIGGS et al. - Page 11




          Appeal No. 1999-1101                                                        
          Application 08/727,125                                                      

               Next, we determine whether Appellants' arguments                       
          demonstrate insufficient evidence of prima facie obviousness.               
          See In re Rouffet, 149 F.3d 1350, 1355, 47 USPQ2d 1453, 1455                
          (Fed. Cir. 1998) ("On appeal to the Board, an applicant can                 
          overcome a rejection by showing insufficient evidence of prima              
          facie obviousness or by rebutting the prima facie case with                 
          evidence of secondary indicia of nonobviousness.").                         
               Our discussion of the claims is limited to the arguments               
          in the brief.  Under U.S. Patent and Trademark Office rules,                
          Appellants' brief is required to specify the particular                     
          limitations in the rejected claims which are not described in               
          the prior art or rendered obvious over the prior art.  See 37               
          CFR § 1.192(c)(8)(iv) (1997).  Cf. In re Baxter Travenol                    
          Labs., 952 F.2d 388, 391, 21 USPQ2d 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 this court, even               
          if it has been properly brought here by a reason of appeal, is              

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