Ex Parte Ball et al - Page 3



            Appeal No. 2006-2920                                                        Page 3              
            Application No. 10/813,501                                                                      

                   Rather than repeat the arguments of appellants or the examiner, we                       

            make reference to the briefs and the answer for the respective details                          

            thereof.                                                                                        

                                                OPINION                                                     

            We have carefully considered the subject matter on appeal, the                                  

            rejection advanced by the examiner and the evidence of anticipation relied                      

            upon by the examiner as support for the rejection.  We have, likewise,                          

            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 rejection 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 does not support the examiner’s                            

            rejection of claims 1-20.  Accordingly, we reverse.                                             

                   In rejecting claims under 35 U.S.C. § 102, a single prior art reference                  

            that discloses, either expressly or inherently, each limitation of a claim                      







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