Appeal No. 2005-0351
Application 10/186,871
35 U.S.C. § 103 in light of the collective teachings and showings
of Jouppi in view of Fuchs, further in view of Wong.
As a final matter, the discussion beginning at the
bottom of page 23 of the principal Brief on appeal alleges the
examiner has set forth a premature final rejection. The
discussion here indicates that appellant has failed to timely
address by petition this allegation. As such, the merits of it,
to the extent they exist at all, are considered to have been
waived. Appellant cannot sit on any rights accorded to him by
not timely addressing this issue and thereby disadvantage the
appellate review process before us. Besides, as stated at the
top of page 24 of the principal Brief on appeal, “[a]pplicant is
not suggesting that the Board overturn or address this procedural
error.” It is also noted that the examiner directly addresses
this allegation at pages 27 and 28 of the Answer where the exami-
ner does point out that the rejection was made final because, in
addition to the incorporation of dependent claim 14 into present
independent claim 9, a new limitation was also added.
In view of the foregoing, we sustain the rejection of
claim 18 under 35 U.S.C. § 102 and the rejection of all claims on
appeal, claims 9 through 13, 17 and 18, under 35 U.S.C. § 103.
Therefore, the decision of the examiner is affirmed.
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