Appeal No. 1999-1625
Application No. 08/792,468
fixed (i.e., rigidly mounted) to the transportable accommodation
section (68, 46, 50). See column 3, lines 46-57, column 4, lines
30-58, column 5, lines 38-42 and figures 3, 5 and 7. Therefore,
we find that Collins' teachings meet Appellants' claimed
limitation of a "commodity code reading section, said prepaid
card inputting processing section, said commodity price retrieval
section and said data updating section are permanently fixed to
said transportable accommodation section."
For claims 13 through 23, Appellants have not made any other
arguments. 37 CFR § 1.192 (a) states:
Appellant must, within two months from the date of the
notice of appeal under § 1.191 or within the time
allowed for reply to the action from which the appeal
was taken, if such time is later, file a brief in
triplicate. The brief must be accompanied by the fee
set forth in § 1.17(c) and must set forth the
authorities and arguments on which appellant will rely
to maintain the appeal. Any arguments or authorities
not included in the brief will be refused consideration
by the Board of Patent Appeals and Interferences,
unless good cause is shown.
Thus, 37 CFR § 1.192 provides that only the arguments made by
Appellants in the brief will be considered and that failure to
make an argument constitutes a waiver on that particular point.
Support for this rule has been demonstrated by our reviewing
court in In re Berger, No. 01-1129, Slip Opinion (Fed. Cir.
2002), wherein the Federal Circuit Court stated that because the
99
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