Appeal No. 2002-1695 Page 3
Application No. 08/971,386
support of the rejection, and to appellants' brief (Paper No. 14,
filed July 26, 2000) for appellants' arguments thereagainst.
Only those arguments actually made by appellants have been
considered in this decision. Arguments which appellants could
have made but chose not to make in the brief have not been
considered, and are waived. See 37 CFR 1.192(a).
OPINION
In reaching our decision in this appeal, we have carefully
considered the subject matter on appeal, the rejection advanced
by the examiner, and the evidence of obviousness relied upon by
the examiner as support for the rejection. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
appellants' arguments set forth in the brief along with the
examiner's rationale in support of the rejection and arguments in
rebuttal set forth in the examiner's answer.
Upon consideration of the record before us, we reverse.
Appellants assert (brief, page 4) that for the purposes of this
appeal, claims 1 and 2 stand or fall together. Consistent with
this assertion, appellants present arguments with respect to
claim 1. Accordingly, we consider claim 1 to be representative
of the group.
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