Appeal No. 2000-0660
Application No. 08/985,278
by the Board of Patent Appeals and Interferences,
unless good cause is shown.
Thus, 37 CFR § 1.192 provides that only the arguments made by
Appellant in the brief will be considered and that failure to
make an argument constitutes a waiver on that particular point.
Support for this rule has been demonstrated by our reviewing
court in In re Berger, No. 01-1129, Slip Opinion (Fed. Cir.
2002), wherein the Federal Circuit Court stated that because the
Appellant did not contest the merits of the rejections in his
brief to the Federal Circuit court, the issue is waived.
We have carefully considered the objective evidence as well
as the prior art relied upon by the Examiner. We find that
Appellants' claim 1 is properly rejected under 35 U.S.C. § 102.
In view of the foregoing, we will sustain the decision of the
Examiner rejecting claims 1 and 2 under 35 U.S.C. § 102.
Now we turn to the rejection of claims 5 and 6 under
35 U.S.C. § 102 as being anticipated by Hayabuchi.
It is axiomatic that anticipation of a claim under § 102 can
be found only if the prior art reference discloses every element
of the claim. See In re King, 801 F.2d 1324, 1326, 231 USPQ 136,
138 (Fed. Cir. 1986) and Lindermann Mashinenfabrik GMBH v.
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