Appeal No. 2002-0354 Page 9
Application No. 09/293,455
combined teachings of the references." Andersen, 391 F.2d at 958, 157 USPQ at 281
(dismissing the argument that a combination would result in an inoperative structure).
Therefore, we affirm the rejection of claim 1 and of claims 2-4, 6-11, 13-18, 20, and 21,
which fall therewith.
CONCLUSION
In summary, the rejection of claims 1-4, 6-11, 13-18, 20, and 21 under § 103(a)
is 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 briefs. 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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