Ex Parte SKARPNESS et al - Page 4




          Appeal No. 2004-1676                                                         
          Application 09/263,918                                                       

          suggesting a segmentation and reassembly (SAR) software module               
          implemented in a CPU of a personal computer is repeated                      
          throughout the brief and reply brief.                                        
               We see and address two limitations intertwined in                       
          appellants' arguments: (1) a SAR software module executed on a               
          CPU; and (2) the CPU is a CPU of a personal computer.  Arguments             
          not made are considered to be abandoned and have not been                    
          addressed.  See 37 CFR § 1.192(c)(8)(iv) (2002) (brief must point            
          out errors in the rejection).  Cf. In re Baxter Travenol Labs.,              
          952 F.2d 388, 391, 21 USPQ2d 1281, 1285 (Fed. Cir. 1991) ("It is             
          not the function of this court to examine the claims in greater              
          detail than argued by an appellant, looking for nonobvious                   
          distinctions over the prior art."); In re Watts, 354 F.3d 1362,              
          1367, 69 USPQ2d 1453, 1457 (Fed. Cir. 2004) ("Just as it is                  
          important that the PTO in general be barred from raising new                 
          arguments on appeal to justify or support a decision of the                  
          Board, it is important that the applicant challenging a decision             
          not be permitted to raise arguments on appeal that were not                  
          presented to the Board."  (Footnote omitted.))                               
                                         (1)                                           
               As to the SAR software module executing on a CPU, the                   
          examiner finds that Kwak teaches SAR software at column 1,                   
          lines 10-13, and column 2, lines 4-24 (EA5).  The examiner states            
          (EA5): "Although Kwak does not explicitly show a SAR software                

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