Appeal No. 2003-0494
Application No. 09/176,012
brief or by filing a reply brief have not been considered and are deemed waived by
appellants [see 37 CFR § 1.192(a)]. Support for this rule has been demonstrated by our
reviewing court in In re Berger 279 F3d 975, 984, 61 USPQ2d 1523, 1528-1529 (Fed.
Cir. 2002) wherein the U.S. Court of Appeals for the Federal Circuit stated that because
the appellants did not contest the merits of the rejections in his brief, the issue is
waived. Also see In re Watts 354 F.3d 1362, 13268, 69 USPQ2d 1453, 1458 (Fed. Cir.
2004).
In summary we affirm the examiner’s rejection of claims 15, 16 and 20 under
35 U.S.C. § 102 and the examiner’s rejection of claims 17, 18, 19, 21 and 22 under 35
U.S.C. § 103. We reverse the examiner’s rejection of claims 1 through 14 and 23
through 29 under 35 U.S.C. § 103.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
Affirmed in part.
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