Appeal No. 2006-2458 Application No. 10/147,673 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 briefs 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 briefs have not been considered and are deemed to be waived. See 37 C.F.R.§ 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 supports each of the examiner’s rejections of the claims on appeal. Accordingly, we affirm. I. We consider first the examiner’s rejection of claims 1-25 for failing to satisfy the written description requirement of 35 U.S.C. § 112, first 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007