Appeal No. 2003-0583
Application No. 09/270,688
particular for making shoes to measure. See column 4, lines 14-
16. Therefore, we find that Garuet-Lempirou would have suggested
the combination of Sundman and Garuet-Lempirou as proposed by the
Examiner.
Appellants have not made any other arguments as to claims 1,
4, 6-16 and 20-29. 37 CFR § 1.192(a) states:
Appellants must, within two months from the date of the
notice of appeal under § 1.191 or within the time
allowed for reply to the action from which the appeal
was taken, if such time is later, file a brief in
triplicate. The brief must be accompanied by the fee
ste forth in § 1.17(c) and 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 Appellants did not contest the merits of the
rejections in his brief to the Federal Circuit Court, the issue
is waived.
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