Appeal No. 1999-2069 Application 08/397,639 Merrell Dow and Pharmaceuticals, Inc. , 800 F.2d 1208, 1210-11 (D.C. Cir. 1986) ("We generally will not entertain arguments omitted from an appellant's opening brief and raised initially in his reply brief. . . . Considering an argument advanced for the first time in a reply brief, then, is not only unfair to an appellee, . . . but also entails the risk of an improvident or ill-advised opinion on the legal issues tendered."). The Examiner was not permitted to file a supplemental examiner's answer under the new rules, 37 CFR § 1.193(b(1), effective October 10, 1997, and it would be unfair to permit Appellants to present arguments to which the Examiner could not respond. Because the claims are grouped to stand or fall together with claim 1, the only issue is whether claim 1 is patentable over Kano in view of Smilansky or Frankot. Obviousness Kano teaches image registration (alignment of two images) of two radiation images so that the images can be subjected to subtraction processing (e.g., col. 5, lines 60-64; Fig. 1B); thus, Kano teaches the limitations of the preamble of claim 1. Kano teaches that the nonlinear warping (transformation) is performed based on local matchings of a number of small regions of interest (ROIs) at corresponding locations in the two images (e.g., col. 5, lines 64-67), so the following steps are performed - 6 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007