Appeal No. 1999-2050 Page 15
Application No. 08/576,544
We end by noting that our affirmances are based only on
the arguments made in the briefs. Arguments not made therein
are not before us, are not at issue, and are considered
waived.
CONCLUSION
In summary, the rejection of claims 1-5, 7, and 9 under
35 U.S.C. § 102(e) is affirmed. The rejection of claim 6
under § 102(e) and the rejection of claim 8 under 35 U.S.C. §
112, ¶ 2, are reversed.
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-IN-PART
LEE E. BARRETT )
Administrative Patent Judge )
)
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