Appeal No. 2005-1765
Application No. 10/208,077
deemed waived by appellants [see 37 CFR § 1.192(a)] Support for this rule has
been demonstrated by our reviewing court in In re Berger, 279 F.3d 975, 984, 61
USPQ2d 1523, 1528-29 (Fed. Cir. 2002) wherein the Federal Circuit Court stated
that because the appellants did not contest the merits of the rejections in his brief
to the Federal Circuit Court, the issue is waived. See, also In re Watts, 354
F.3d 1362, 1368, 69 USPQ2d 1453, 1458 (Fed. Cir. 2004).
In view of the forgoing, we have sustained the examiner’s rejection of
claims 1 through 4 under 35 U.S.C. § 102. The decision of the examiner is
affirmed.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 C.F.R. § 1.136 (a).
AFFIRMED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JOSEPH F. RUGGIERO ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
ROBERT E. NAPPI )
Administrative Patent Judge )
REN/kis
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