Ex Parte KIM - Page 4




          Appeal No. 2001-0865                                                        
          Application 08/998,781                                                      

          environment recognition operation at a print recognition time";             
          (2) "said print recognition time being determined in accordance             
          with said transmission time"; and (3) "said print environment               
          recognition operation being performed while the print data are              
          being received by said printer."  No other limitations of the               
          independent claims are argued.  Arguments not raised are waived.            
          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 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).  Therefore, the independent           
          claims are treated as standing or falling together with claim 1             
          based on these three argued limitations (although we mention a              
          slight difference in wording in claim 13).                                  
               Appellant separately mentions claims 2, 6, 9 and, thus,                
          these claims will be grouped separately.                                    
               Thus, we find the following groups: (1) claims 1, 3-5, 7, 8,           
          13, 16, 17, and 20 stand or fall with claim 1; (2) claims 2, 14,            
          and 15 stand or fall with claim 2; (3) claims 6, 18, and 19 stand           
          or fall with claim 6; and (4) claims 9-12 stand or fall with                
          claim 9.                                                                    


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