Appeal No. 2005-2042 Page 12
Application No. 09/946,298
III. CONCLUSION
In summary, the rejection of claim 11 under § 103(a) is affirmed. The rejection of
claim 12 under § 103(a), 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
brief. 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, 1367, 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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