Appeal No. 2006-2919 Page 4
Application No. 10/291,955
reviewed and taken into consideration, in reaching our decision, the
appellants’ 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 appellants
have been considered in this decision. Arguments which appellants 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 by the examiner supports the examiner’s rejection of
claims 1-22. Accordingly, we affirm.
Grouping of Claims
We consider the obviousness of the following logical groups of claims,
as defined under separate subheadings and argued separately by appellants
in the briefs.
GROUP I: Claims 1-3, 5, 6, 9, 11, 12, 14, 15, 17, 20 and 21.
GROUP II: Claims 8, 10, 16, 18 and 22.
GROUP III: Claim 7.
GROUP IV: Claims 1, 4, 11, 13, 17 and 19.
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