Appeal No. 1999-2255
Application No. 08/885,393
We have considered all of appellants’ arguments in making the determinations
set forth above. However, arguments not presented are deemed waived. See 37 CFR
§ 1.192(a) (“Any arguments or authorities not included in the brief will be refused
consideration by the Board of Patent Appeals and Interferences, unless good cause is
shown.”) and § 1.192(c)(8)(iv) (the brief must point out the errors in the rejection).
SUMMARY and CONCLUSION
The rejection of claims 27 and 29-31 under 35 U.S.C. § 102 as being anticipated
by Cole is affirmed. The rejection of claims 1-4, 6, 7, 9-11, 13-17, 19, 20, 22-24, and
26 under 35 U.S.C. § 102 as being anticipated by Cole is reversed.
The rejection of claim 28 under 35 U.S.C. § 103 as being unpatentable over Cole
and Ottman is affirmed. The rejection of claims 5, 8, 12, 18, 21, and 25 under 35
U.S.C. § 103 as being unpatentable over Cole and Ottman is reversed.
The examiner’s decision in rejecting claims 1-31 is thus affirmed-in-part.
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