Ex parte SMITH et al. - Page 5




          Appeal No. 1999-1442                                                        
          Application No. 08/610,681                                                  


          precedent of our                                                            
          reviewing court that the limitations from the disclosure are                
          not 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.”).                                                                    
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