Ex Parte Ingvarsson et al - Page 4



             Appeal No. 2006-2982                                                            Page 4               
             Application No. 10/458,112                                                                           



                    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                                

             rejections advanced by the examiner and the evidence of anticipation and                             

             obviousness relied upon by the examiner as support for the rejections.  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 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).                                                   













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