Appeal No. 1999-1331 Application No. 08/547,602 Appellant did not renew these arguments, or take issue with the examiner's conclusion stated in the Final Rejection, in either the Brief or Reply Brief. Thus, these arguments are not properly before us. 37 CFR § 1.192(a)(1998)("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"). As to the basis for affirmation of the rejection of claim 15, we refer to that portion of the decision of January 30, 2001 appearing at page 7, first full paragraph which addresses appealed claim 15, specifically. As to appellant's arguments concerning the standard applied with respect to the allegation of unexpected cost savings, we are not persuaded that the standard applied in our decision of January 30, 2001 was erroneous. To the extent that appellant would seek to compare the present claimed process to a "hypothetical process" (Request, page 6), it naturally follows that any comparison of cost savings would of necessarily be hypothetical and of little persuasive value. We would remind appellant that as set forth in In re Wright, 999 F.2d 1557, 1563, 27 USPQ2d 1510, 1514-15 (Fed. Cir. 1993), evidence which is in the nature of unsupported conclusory statements as to the ultimate legal question is entitled to little if any weight. We have carefully reviewed the original opinion in light of appellant's request, but we find no point of law or fact which we overlooked or misapprehended in arriving at our decision. To the extent relevant, appellant's request amounts to a reargument of points already considered by the board. 3Page: Previous 1 2 3 4 5 NextLast modified: November 3, 2007