Appeal No. 1999-1605 Application 08/502,882 device driver is not an "application" as broadly claimed, nor countered the Examiner's assertion that "the corresponding interface and driver in the processor system have to activate after the processor system identif[ies] the remote control device (2,3)" (FR5). There must be a predetermined association between a certain type of transmitter as a function of the device code (the "identifying signal") and a routing of data ("a representation of the desired user interaction") to the proper driver for execution because Tanaka teaches processing the data based on the device codes (col. 3, lines 7-10). Appellants have not persuaded us of error in the Examiner's obviousness rejection. Arguments not made are considered waived. Cf. 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 regarded as abandoned and will not be considered. It is our function as a court to decide disputed issues, not to create them."). For these reasons, the rejection of claim 15 is sustained. Claim 1 - 8 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007