Appeal No. 1999-1657
Application No. 08/877,781
not to be imported into the claims. In re Lundberg, 244 F.2d
543, 548, 113 USPQ 530, 534 (CCPA 1957); In re Queener, 796
F.2d 461, 464, 230 USPQ 438, 440 (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 this
court, even of 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.”).
ANALYSIS
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