Appeal No. 2005-0324
Application No. 09/390,824
examiner’s rejection of claims 1, 3, 4, 6 through 9, 13, 14 and 17 through 28
under 35 U.S.C. 103 as being unpatentable over Moss in view of Cranston.
Appellant has not presented additional arguments directed to the
examiner’s rejections of dependent claims 5, 10 through 12, 15, 29 and 30 under
35 U.S.C. 103. Accordingly, we sustain the examiner’s rejections of these claims
for the reasons stated supra.
Only those arguments actually made by appellant have been considered
in this decision. Arguments, which appellant could have made but chose not to
make in the brief or by filing a reply brief have not been considered and are
deemed waived by appellant [see 37 CFR § 41.37]. Support for this rule has
been demonstrated by our reviewing court in In re Berger, 279 F.3d 975, 984, 61
USPQ2d 1523, 1528-1529 (Fed. Cir. 2002) wherein the Federal Circuit stated
that because the appellant did not contest the merits of the rejections in his brief
to the Federal Circuit , the issue is waived. See also In re Watts, 354 F.3d
1362, 1368, 69 USPQ2d 1453, 1458 (Fed. Cir. 2004).
-9-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007