Appeal No. 1999-1345 Page 13
Application No. 08/482,556
capacitor in series with a switch.” Therefore, we affirm the
rejection of claims 34 and 41 as being anticipated by Hebert.
Our affirmances are based only on the arguments made in
the briefs. Arguments not made therein are neither before us
nor at issue but are considered waived.
CONCLUSION
In summary, the rejection of claims 33-36 and 40-43 under
the judicially created doctrine of double patenting is
reversed. The rejection of claims 33, 34, 40, and 41 under 35
U.S.C. § 102(b), however, is affirmed.
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