Appeal No. 2003-1967
Application No. 08/970,889
Thus, 37 CFR § 1.192 provides that only the arguments made
by Appellants in the brief will be considered and that failure to
make an argument constitutes a waiver on that particular point.
Support for this rule has been demonstrated by our reviewing
court in In re Berger, 279 F.3d 975, 984, 61 USPQ2d 1523, 1528-29
(Fed. Cir. 2002), wherein the Federal Circuit Court stated that
because the Appellants did not contest the merits of the
rejections in his brief to the Federal Circuit Court, the issue
is waived.
In view of the foregoing, we have not sustained the
Examiner's rejection of claims 1-11, 13, 14 and 21-26 under
35 U.S.C. § 103. However, we have sustained the Examiner's
rejection of claims 17-20 under 35 U.S.C. § 103.
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