Appeal No. 2002-0510 Page 29
Application No. 09/139,309
claim 31 over Downing and Hyatt, over Downing, Hyatt, and Beck; and over Slepian,
Hyatt, and Beck.
CONCLUSION
In summary, the rejection of claims 5-20 and 30-32 under 35 U.S.C. § 112, ¶ 2;
the rejection of claims 5-10 and 31 under § 102(b) over Kouchich; the rejection of
claims 9 and 10 under § 103(a) over Xu; the rejection of claims 17-20 under § 103(a)
over Downing and Hyatt are reversed. The rejections of claim 31 under § 103(a) over
Downing and Hyatt; over Downing, Hyatt, and Beck; and over Slepian, Hyatt, and Beck
are also reversed. In contrast, the rejection of claims 5-8 under § 103(a) over Xu; the
rejections of claims 11-16 under § 103(a) over Downing and Hyatt and over Slepian and
Hyatt; and the rejections of claims 17-20 under § 103(a) over Downing, Hyatt, and Beck
and over Slepian, Hyatt, and Beck are affirmed.
"Any arguments or authorities not included in the brief will be refused
consideration by the Board of Patent Appeals and Interferences. . . ." 37 C.F.R.
§ 1.192(a)(2002). Accordingly, our affirmance is based only on the arguments made in
the briefs. Any arguments or authorities not included therein are neither before us nor
at issue but are considered waived. No time for taking any action connected with this
appeal may be extended under 37 C.F.R. § 1.136(a).
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