Appeal No. 2005-0903
Application 10/170,305
OPINION
With full consideration being given to the subject matter on
appeal, the Examiner’s rejections and the arguments of the
Appellants and the Examiner, for the reasons stated infra, we
reverse the Examiner’s rejection of claims 1-38 under
35 U.S.C. § 103.
Only those arguments actually made by Appellants have been
considered in this decision. Arguments that Appellants could
have made but chose not to make in the brief have not been
considered. We deem such arguments to be waived by Appellants
[see 37 CFR § 41.37(c)(1)(vii) effective September 13, 2004
replacing 37 CFR § 1.192(a)].
Appellants have indicated that for purposes of this appeal
the claims stand or fall together. See page 5 of the brief. We
will, thereby, consider Appellants’ claims as standing or falling
together, and we will treat claim 1 as a representative claim.
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