Appeal No. 2003-2065
Application 09/881,441
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 Appellant did not contest the merits of the
rejections in his brief to the Federal Circuit Court, the issue
is waived. Therefore, since we sustain the Examiner’s rejection
of claim 11, we will sustain the Examine’s rejection of claim 13
for the same reasons.
Rejection of Claims 1 through 10, 12 and 14 through 23
under 35 U.S.C. § 103
Appellants argue that Lewis fail to teach “receiving packets
for the voice call and adding at least part of the stored test
voice information to at least some of the packets” as recited in
Appellants’ claim 1. Appellants also point out that in regard to
independent claims 14, 16, 17, 18, 19, 20 and 21, these claims
include this limitation as well and therefore are patentable over
Lewis in view of Tschudin for the same reasons as given for claim
1. See pages 7 and 8 of the brief.
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