Appeal No. 1998-0872
Application No. 08/438,479 Page 4
March 18, 1997) for appellant's arguments thereagainst. Only
those arguments actually made by appellant have been considered
in this decision. Arguments which appellant could have made but
chose not to make in the briefs have not been considered. See 37
CFR 1.192(a).
OPINION
In reaching our decision in this appeal, we have carefully
considered the subject matter on appeal, the rejections advanced
by the examiner, and the evidence of obviousness relied upon by
the examiner as support for the rejections. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
appellant's arguments set forth in the briefs along with the
examiner's rationale in support of the rejections and arguments
in rebuttal set forth in the examiner's answer.
Upon consideration of the record before us, we
affirm-in-part.
Appellant lists 13 groupings of claims (brief, page 8). We
observe that claims 104, 110, and 120 do not appear in any of the
groupings. Nor have any of these claims been separately argued.
Accordingly, we will consider these claims to rise or fall with
the claims from which they depend. Accordingly, Claim 104 will
rise or fall with independent claim 102, from which claim 104
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