Appeal No. 2005-0062
Application 09/222,906
Throughout our opinion, we make references to the
Appellant’s briefs, and to the Examiner’s Answer for the
respective details thereof.1
OPINION
With full consideration being given to the subject matter on
appeal, the Examiner’s rejections and the arguments of the
Appellant and the Examiner, for the reasons stated infra, we
affirm the Examiner’s rejection of claims 1-5, 8-12, and 18-19
under 35 U.S.C. § 102; we reverse the Examiner’s rejection of
claims 6-7 and 13-14 under 35 U.S.C. § 103 and we affirm the
Examiner’s rejection of claims 15-17 under 35 U.S.C. § 103.
Only those arguments actually made by Appellant have been
considered in this decision. Arguments that Appellant could have
made but chose not to make in the brief have not been considered.
We deem such arguments to be waived by Appellant [see
37 CFR § 41.37(c)(1)(vii) effective September 13, 2004 replacing
37 CFR § 1.192(a)].
Appellant has indicated that for purposes of this appeal the
claims are grouped as follows:
1
1Appellant filed an appeal brief on February 9, 2004. Appellant
filed a reply brief on May 10, 2004. The Examiner mailed an
Examiner’s Answer on March 5, 2004.
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