Appeal No. 1999-2028
Application No. 08/769,036
Appellants fail to address the rationale for obviousness.
Again, 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 claim
91.
Last, appellants (Brief, page 13) paraphrase the entirety
of claim 95 and contend that it "is not shown by the
references." Appellants do not specifically point out any
deficiencies in the rejection as required by 37 CFR §
1.192(c)(7). Accordingly, we will sustain the rejection of
claim 95.
In summary, we have sustained the rejection of claims 67,
68, 71, 73 through 82, 88, 90 through 93, and 95 and have not
sustained the rejection of claims 69 and 89 based on
Braitberg. Therefore, the decision of the examiner rejecting
claims 67 through 69, 71, 73 through 82, 88 through 93, and 95
is affirmed-in-part.
We make the following new ground of rejection under
37 CFR § 1.196(b). Claims 67 through 69, 71, 73 through 82,
and 88 through 93 are rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite. In claim 67, line 7, the
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