Appeal No. 2006-3033
Application No. 10/748,992
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 the examiner’s rejection of the claims on
appeal. Accordingly, we affirm.
GROUPING OF CLAIMS
We consider the anticipation and obviousness of the following logical
groups of claims, as defined under separate subheadings and argued
separately by appellant in the briefs.
GROUP A: Claims 1, 2, 5-7 and 16 [brief, pages 4-7].
GROUP B: Claims 3, 4, 8-12 and 15 [brief, pages 7 and 8].
GROUP C: Claims 13 and 14 [brief, pages 8 and 9].
GROUP D: Claim 17 [brief, pages 9-11].
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007