Appeal No. 1997-3635
Application No. 08/498,357
Wong, Yu, and Whitten; claim 7 is rejected under 35 U.S.C. §
103 over Wong and Zhang; claim 18 is rejected under 35 U.S.C.
§ 103 over Wong, Yu, and Zhang. 37 CFR § 1.192(a) (July 1,
1996) as amended at 60 Fed. Reg. 14518 (March 17, 1995), which
was controlling at the time of Appellant’s filing the brief,
states:
Appellant must, within two months from the date of
the notice of appeal under § 1.191 or within the
time allowed for reply to the action from which
the appeal was taken, if such time is later,
file a brief in triplicate. The brief must be
accompanied by the fee set forth in § 1.17(c)
and must set forth the authorities and arguments
on which appellant will rely to maintain the appeal.
Any arguments or authorities not included in the
brief will be refused consideration by the Board
of Patent Appeals and Interferences, unless good
cause is shown [emphasis added].
Appellant did not include in the brief any arguments with
regard to the above mentioned claims. We therefore, dismiss
the appeal for rejection of claims 6, 7, 11, 17, 18, and 20
under 35 U.S.C. § 103.
Turning to the rejection of claims 1, 2, 4, 5, 9, 10, 12,
14, and 19 under 35 U.S.C. § 102(b) as anticipated by Wong, we
note that Appellant on page 6 of the brief points out the
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