Appeal No. 2006-0979
Application No. 08/818,185
OPINION
We have carefully considered the subject matter on appeal, the
rejections advanced by the examiner and the evidence of obviousness relied
upon by the examiner as support for the rejections. We have, likewise,
reviewed and taken into consideration, in reaching our decision, the
appellant’s arguments set forth in the brief along with the examiner’s
rationale in support of the rejections and arguments in rebuttal set forth in
the examiner’s answer. Only those arguments actually made by appellant
have been considered in this decision. Arguments which appellant could
have made but chose not to make in the brief have not been considered and
are deemed to be waived. See 37 CFR § 41.37(c)(1)(vii) (2004). See also
In re Watts, 354 F.3d 1362, 1368, 69 USPQ2d 1453, 1458 (Fed. Cir. 2004).
It is our view, after consideration of the record before us, that the
evidence relied upon by the examiner does not support the examiner’s
rejection of claims 1-9, 11, 15-36 and 39. Accordingly, we reverse.
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