Ex Parte MAKI - Page 5



          Appeal No. 2001-1523                                                         
          Application No. 08/731,236                                                   

          to be imported into the claims. In re Lundberg, 244 F.2d 543, 113            
          USPQ 530 (CCPA 1957); In re Queener, 796 F.2d 461, 230 USPQ 438              
          (Fed. Cir. 1986).  We also note that the arguments not made                  
          separately for any individual claim or claims are considered                 
          waived.  See 37 CFR § 1.192(a) and (c). 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                      
          nonobviousness 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 that court, even if it has been                 
          properly brought here by 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.”).                      
               Consistent with the categorization of the three rejections              
          in the case by both appellant and the examiner, we consider the              
          different rejections below.                                                  





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