Appeal No. 2006-3032 5
Application No. 09/969,040
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 1-3, 5-9, 12-14, 16, 17 and 19-21. Accordingly, we
reverse.
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 A: Claims 19-21 [brief, pages 7-12].
GROUP B: Claims 13, 14, 16 and 17 [brief, pages 12 and 13].
GROUP C: Claims 1-3, 5-9 and 12 [brief, pages 13-15].
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