Ex Parte MCCRANK et al - Page 10




                 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).                                                                                          
















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