Appeal No. 2006-0661
Application No. 10/358,027
For the foregoing reasons, we sustain the examiner’s rejection of claims 9,
10 and 12 under 35 U.S.C. § 103.
Only those arguments actually made by appellants have been considered
in this decision. Arguments which appellants 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 appellants (see 37 CFR § 41.37(c)(vii)) 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
Court stated that because the appellants did not contest the merits of the
rejections in his brief to the Federal Circuit Court, the issue is waived. See also
In re Watts 354 F.3d 1362, 1368, 69 USPQ2d 1453, 1458 (Fed. Cir. 2004).
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