Appeal No. 2006-3034 Page 4
Application No. 09/855,115
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).
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 1-14. Accordingly, we reverse.
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