Ex parte SCHINDLER et al. - Page 8




          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  Next 

Last modified: November 3, 2007