Appeal No. 1999-1109
Application No. 08/359,904
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 this 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.”).
We now consider each of the three rejections under
different combinations of references individually.
Chia and Schellinger
The Examiner rejects claims 1, 2, 8 and 9 under this
combination at page 8 of the Examiner’s answer. According to
the Examiner, Schellinger teaches the use of the selection of a
radio system under certain conditions, which is a non-cellular
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