Appeal No. 2006-0681
Application No. 09/072,412
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 1-5, 13-15, 28-32, and
36-41 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
(37 C.F.R. § 41.37(c)(1)(vii)). Appellant has for purposes of
this appeal presented arguments as to the following claims:
Independent claim 1 (dependent claims 2-4, 28, and 33 stand
or fall together with claim 1 as Group I);
Independent claim 5 (dependent claims 29 and 34 stand or
fall together with claim 5 as Group II);
1 Appellant filed an appeal brief on April 14, 2005. Appellant
filed a reply brief on September 22, 2005. The Examiner mailed
an Examiner’s Answer on July 25, 2005.
5
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