Appeal No. 2006-3093 Page 4
Application No. 10/754,306
2. Claims 1-4, 7, 16-19 and 66-69 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over the teachings of Shintani in view of Kitao.
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 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 CFR
§ 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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