Appeal No. 2003-0495 Page 10
Application No. 09/256,543
negates anticipation. Therefore, we reverse the rejection of claim 8; of claims 9-15,
which depend therefrom; of claim 16; of claims 17-19, which depend therefrom; and of
claim 20.
CONCLUSION
In summary, the rejection of claims 1-7 under § 102(e) is affirmed. The rejection
of claims 8-20 under § 102(e), however, is reversed. "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). 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. Cf. In re Watts, 354 F.3d
1362, 1368, 69 USPQ2d 1453, 1457 (Fed. Cir. 2004) ("[I]t is important that the applicant
challenging a decision not be permitted to raise arguments on appeal that were not
presented to the Board.") 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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