Appeal No. 2003-0495 Page 10 Application No. 09/256,543 negates anticipation. Therefore, we reverse the rejection of claim 8; of claims 9-15, which depend therefrom; of claim 16; of claims 17-19, which depend therefrom; and of claim 20. CONCLUSION In summary, the rejection of claims 1-7 under § 102(e) is affirmed. The rejection of claims 8-20 under § 102(e), however, is 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). 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. Cf. In re Watts, 354 F.3d 1362, 1368, 69 USPQ2d 1453, 1457 (Fed. Cir. 2004) ("[I]t is important that the applicant challenging a decision not be permitted to raise arguments on appeal that were not presented to the Board.") No time for taking any action connected with this appeal may be extended under 37 C.F.R. § 1.136(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007