Appeal No. 1999-2028
Application No. 08/769,036
integrated circuit to minimize the circuitry required.
Therefore, we will sustain the rejection of claim 71.
As to claims 74 and 75, the examiner (Answer, page 8)
takes Official Notice that "switch over circuitry for
compensating for multipath conditions and diversity receiving
antenna are all well known ... in cellular telephone [sic] and
it would have been obvious to incorporate such well known
elements in the cellular telephone of Braitberg, et al in
order to improve reception and transmission of the cellular
telephone." Appellants merely assert (Brief, page 12) that
Braitberg fails to disclose both the switch over circuitry and
the diversity receiving antenna. However, the rejection is
based on 35 U.S.C. § 103, and appellants do not challenge the
specific Official Notice nor the rationale for obviousness for
claims 74 and 75. Arguments that could have been made but
were not presented in the Brief are considered waived. See 37
CFR § 1.192(a). Therefore, we will affirm the rejection of
claims 74 and 75.
We note that appellants (Brief, pages 13-14) attack
generally the examiner's taking of official notice, arguing
that the examiner has failed to state the date on which his
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