Appeal No. 2002-1006
Application 09/132,351
must set forth the authorities and arguments on which
[A]ppellant 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.
Thus, 37 CFR § 1.192 provides that only the arguments made
by Appellants in the brief will be considered and that failure to
make an argument constitutes a waiver on that particular point.
Support for this rule has been demonstrated by our reviewing
court in In re Berger, 279 F.3d 975, 984, 61 USPQ2d 1523, 1528-29
(Fed. Cir. 2002), wherein the Federal Circuit Court stated that
because the Appellant did not contest the merits of the
rejections in his brief to the Federal Circuit Court, the issue
is waived.
Having addressed all the arguments, we therefore will
sustain the Examiner’s rejection of claims 2 through 8, 10, 13
and 14 under 35 U.S.C. § 103.
In view of the foregoing, we sustain the Examiner’s
rejection of claims 1 and 9 under 35 U.S.C. § 102 and we sustain
the Examiner’s rejection of claims 2 through 8, 10, 13 and 14
under 35 U.S.C. § 103.
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