Appeal No. 1999-2022
Application No. 08/963,987
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.”).
ANALYSIS
At the outset, we note that Appellants have elected to have
these claims stand or fall together, see brief at page 2. We,
however, consider the rejections under the various combinations
below.
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