Appeal No. 2006-3126 Page 4
Application No. 10/154,060
Rather than repeat the arguments of appellant or the examiner, we
make reference to the brief 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 appellant’s arguments set forth in the brief 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
appellant have been considered in this decision. Arguments which appellant
could have made but chose not to make in the brief 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 supports the examiner’s rejections of
claims 1-18. Accordingly, we affirm.
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