Ex Parte Foster - Page 3



          Appeal No. 2005-0651                                                        
          Application 09/826,486                                                      
                                 Rejections At Issue                                  
               Claims 1-8 and 13 stand rejected under 35 U.S.C. § 103 as              
          being obvious over the combination of Hundt and Hattori.                    
               Claim 9 stand rejected under 35 U.S.C. § 103 as being                  
          obvious over the combination of Hundt, Hattori, and Maurinus.               
               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 1-9 and 13 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)].                                                         

          1 Appellant filed an appeal brief on March 29, 2004.  The Examiner          
          mailed an Examiner’s Answer on June 15, 2004.                               
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