Ex Parte Hahn et al - Page 17




               Appeal No. 2003-1836                                                                         Page 17                   
               Application No.10/085,590                                                                                              


                       Because Persem invites the use of known techniques for mounting a controller;                                  
               and Voss teaches that mounting control electronics within the housing of a refrigeration                               
               compressor cools the electronics and simplifies electrical hookup, we are persuaded                                    
               that the references would have suggested mounting Persem's controller within the shell,                                
               i.e., the housing, of a compressor.  Therefore, we affirm the obviousness rejection of                                 
               claim 25.                                                                                                              
                                                         CONCLUSION                                                                   
                       In summary, the rejection of claims 20-23 and 25 under 35 U.S.C. § 112, ¶ 2, is                                
               reversed.  The rejections of the same claims under § 103(a), however, 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).                                           
               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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