Ex Parte GRUBER et al - Page 10




                 Appeal No. 2001-0529                                                                                 Page 10                     
                 Application No. 08/846,600                                                                                                       


                 Cable Elec. Prods., Inc. v. Genmark, Inc., 770 F.2d 1015, 1025, 226 USPQ 881, 886-87                                             
                 (Fed. Cir. 1985) (quoting Keller, 642 F.2d at 425, 208 USPQ at 881).                                                             


                         Here, as explained regarding the anticipation rejection of claim 19, we have                                             
                 found that Young's graphics engine generates a set of texel addresses for a particular                                           
                 point of one of a plurality of spans.  Therefore, we affirm the obviousness rejection of                                         
                 claim 1 and of claims 3-9 and 22, which fall therewith.                                                                          


                                                               CONCLUSION                                                                         
                         In summary, the rejection of claim 19 under § 102(e) and the rejection of                                                
                 claims 1, 3-9, and 22 under § 103(a) are affirmed.  "Any arguments or authorities not                                            
                 included in the brief will be refused consideration by the Board of Patent Appeals and                                           
                 Interferences. . . ."  37 C.F.R. § 1.192(a)(2002).  Accordingly, our affirmance is based                                         
                 only on the arguments made in the brief.  Any arguments or authorities not included                                              
                 therein are neither before us nor at issue but are considered waived.  No time for taking                                        
                 any action connected with this appeal may be extended under 37 C.F.R. § 1.136(a).                                                















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