Ex Parte GILLIHAN et al - Page 13




              Appeal No. 2003-0549                                                                Page 13                 
              Application No. 09/149,408                                                                                  


              ll. 59-60, to reformat the page.  One such "system process rotates the current page."                       
              Col. 8, l. 9.  Because the reference's information processing system operates on a copy                     
              of an electronic document stored temporarily in its memory 10, we find that Coleman                         
              reformats a page of the copy of the electronic document.  Therefore, we affirm the                          
              anticipation rejection of claim 21.                                                                         


                                                    CONCLUSION                                                            
                     In summary, the rejection of claims 1 and 5 under § 102(e) and the rejections of                     
              claims 6-11, 15, 16, and 20 under § 103(a) are reversed.  The rejection of claim 21                         
              under § 102(e), however, 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).  Accordingly, our affirmance is based only on the arguments made in the                         
              briefs.  Any arguments or authorities omitted therefrom 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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