Appeal No. 2005-1895
Application 08/861,989
Rejections At Issue
Claims 25-30 stand rejected under 35 U.S.C. § 103 as being obvious over the
combination of Behr, Hornbuckle, and Ahrens.
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 reverse the Examiner’s rejection of claims 25-30 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 4 of the brief. We will, thereby, consider Appellants’ claims as standing
1 Appellants filed an appeal brief on August 13, 2004. Appellants filed a reply brief on
January 6, 2005. The Examiner mailed an Examiner’s Answer on November 3, 2004.
4
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