Appeal No. 2004-0820
Application No. 09/317,312 Page 3
of the rejections, and to appellant’s amended brief (hereinafter:
brief), (Paper No. 10, filed August 28, 2003) and reply brief
(Paper No. 12, filed September 2, 2003) for appellant’s arguments
thereagainst. Only those arguments actually made by appellant
has been considered in this decision. Arguments which appellant
could have made but chose not to make in the brief have not been
considered.
OPINION
In reaching our decision in this appeal, we have carefully
considered the subject matter on appeal, the rejections advanced
by the examiner, and the evidence of anticipation and obviousness
relied upon by the examiner as support for the rejections. We
have, likewise, reviewed and taken into consideration, in
reaching our decision, appellant’s arguments set forth in the
briefs along with the examiner's rationale in support of the
rejections and arguments in rebuttal set forth in the examiner's
answer.
Upon consideration of the record before us, we affirm-in-
part and remand the application.
We observe at the outset that although appellant asserts
(brief, page 1) that claims 1-18 stand rejected, that claim 16
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