Appeal 2007-1754 Application 09/943,599 Sites US 5,764,885 Jun. 9, 1998 Mann US 6,009,270 Dec. 28, 1999 Edwards US 6,732,307 B1 May 4, 2004 (filed Oct. 1, 1999) 1. Claims 1, 4, and 53 stand rejected under 35 U.S.C. § 102(e) as being anticipated by Mann. 2. Claims 13, 15, and 16 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Sites in view of Mann. 3. Claims 23, 24, and 27-30 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Sites in view of Mann and further in view of Edwards. Rather than repeat the arguments of Appellants or the Examiner, we refer to the Briefs and the Answer4 for their respective details. In this decision, we have considered only those arguments actually made by Appellants. Arguments which Appellants could have made but did not make in the Briefs have not been considered and are deemed to be waived. See 37 C.F.R. § 41.37(c)(1)(vii). OPINION The Anticipation Rejection 3 Although the Examiner indicates that claims 1-10 and 12 are rejected under 35 U.S.C. § 102(e) (Answer 4), claims 2, 3, and 6-10 (among other claims) have been cancelled. See Answer 2; see also Br. 3. 4 An Examiner’s Answer was first mailed in May 3, 2006, but was revised on Dec. 5, 2006 following an Order from the Board. A third Examiner’s Answer was mailed Mar. 13, 2007. We refer to the March 2007 Answer throughout this opinion. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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