Appeal No. 2002-1904
Application No. 09/156,540
We thus sustain the section 103 rejection of claims 7 and 8.
Arguments considered
In making our determinations, we have considered all of appellants’ arguments
that were timely presented.2 Arguments not timely presented are deemed waived. See
37 CFR § 1.192(a) (“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.”) and § 1.192(c)(8)(iv) (the brief must point out the errors in the
rejection).
CONCLUSION
We have affirmed the rejection of claims 1-5, 7-14, 16-20, 22-25, and 27-34
under 35 U.S.C. § 103, but we have reversed the rejection of claims 6, 15, 21, and 26
under the same statute. The examiner’s decision in rejecting claims 1-34 is thus
affirmed-in-part.
2 We note a paper in the instant file wrapper (Paper No. 21), submitted by appellants via facsimile
communication on April 17, 2003, styled “Post-Hearing Remarks.” We did not request any additional
papers from appellants. Accordingly, the paper has not been considered. See Ex parte Cillario, 14
USPQ2d 1079, 1080 (Bd. Pat. App. & Int. 1989) (an unrequested paper submitted after oral hearing is
entitled to no consideration).
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