Ex Parte Gennetten et al - Page 11

              Appeal 2007-0434                                                                       
              Application 10/041,207                                                                 
              URI or URL to individual images based inter alia on the teachings of                   
              Hobbs.  Those skilled in the art would have known, moreover, that URLs                 
              and URIs uniquely identify objects or services to which they are assigned.             
              The Examiner would do well to consider rejecting claims 1, 3-8, 11, 17-21,             
              23, and 28-30 over a combination of references that includes Squilla and               
              Hobbs.                                                                                 

                                             V. ORDER                                                
                    In summary, the rejection of claims 1, 3-8, 11, 18-21, 23, and 28-30             
              under § 102(e) and the rejection of claim 17 under § 103(a) are reversed.              
              The rejections of claims 9, 10, 12-16, 22, 24-27, and 31-33 under § 103(a),            
              however, are affirmed.                                                                 

                    "Any arguments or authorities not included in the brief or a reply brief         
              filed pursuant to [37 C.F.R.] § 41.41 will be refused consideration by the             
              Board, unless good cause is shown."  37 C.F.R. § 41.37(c)(1)(vii).                     
              Accordingly, our affirmance is based only on the arguments made in the                 
              brief(s).  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)(1)(iv).                                            



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