Appeal No. 2004-2175
Application 09/086,627
Because no arguments are presented for our consideration in
the brief or reply brief as to claims 2-5, 9-13 and 15 as to the
first stated rejection, the rejection of these claims is also
sustained.
We note further here that in the context of the first and
second stated rejections, appellant presents no arguments with
respect to the Sumimoto reference relied upon by the examiner for
its secondary teachings in the brief and reply brief. Only the
mere recognition of its reliance by the examiner as a part of the
rejections is noted in the brief discussion of the statement of
the rejection at the bottom of page 10 of the principal brief on
appeal. The top of page 11 of the principal brief on appeal
indicates that appellant does not intend to contest the
combinability of Culbert and Sumimoto within 35 U.S.C. § 103 and
the remaining arguments in the brief and reply brief do not.
Before we consider the subject matter of argued dependent
claim 14 and independent claim 16, we note further that no
arguments have been presented for our consideration as to the
second stated rejection involving claim 7 and the further
teaching value of Hauser. The brief statement at page 15 of the
principal brief on appeal traverses the rejection only for the
7
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