Ex Parte WONG - Page 3



             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.                                                                         
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