Appeal No. 2002-2169 Page 20
Application No. 09/163,286
CONCLUSION
In summary, the rejections of claims 5, 6, and 12 under 35 U.S.C. § 112, ¶ 2; the
rejection of claim 6 under § 112, ¶ 1, as nonenabled; and the rejection of claims 1 and
4-7 under § 103(a) are affirmed. The rejections of claims 6 and 12 under § 112, ¶ 1, as
lacking a written description; the rejection of claim 12 under § 112, ¶ 1, as nonenabled;
and the rejections of claims 2 and 3 under § 103(a), however, are reversed. "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 brief(s). 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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