Appeal No. 2005-0968 Page 3
Application No. 09/998,343
Rejections At Issue
Claims 1-12 stand rejected under 35 U.S.C. § 103 as being obvious over
the combination of Athavale and Chacon.
Throughout our opinion, we make references to the Appellants’ 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 Appellants and the Examiner, for
the reasons stated infra, we affirm the Examiner’s rejection of claims 1-12 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 in four groupings. See page 4 of the brief. However, Appellants do
not argue each group of claims separately and explain why the claims of each
1 Appellants filed an appeal brief on July 2, 2004. The Examiner mailed an
Examiner’s Answer on October 6, 2004.
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