Ex parte KANEKO - Page 13




          Appeal No. 1999-2379                                                        
          Application 08/716,061                                                      

          We do not go looking for issues that were not argued.  See                  
          37 CFR § 1.192(c)(8)(iii) (1998) (argument section of brief                 
          must specify the errors in the rejection and the specific                   
          limitations in the claims which are not described in the                    
          prior art).  Cf. 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 nonobvious                  
          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 if it has been                
          properly brought here by a 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.");                   
          In re Wiseman, 596 F.2d 1019, 1022, 201 USPQ 658, 661 (CCPA                 
          1979) (arguments must first be presented to the Board before                
          they can be argued on appeal).                                              

          Obviousness                                                                 
               Claims 14 and 21                                                       


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