Appeal No. 2003-1031 Page 17
Application No. 09/050,841
which depend therefrom; of claim 38; of claims 39-41, which depend therefrom, and of
claim 50.
CONCLUSION
In summary, the rejections of claims 1-7, 9, 22-27, 29, 42-46, 51, and 52 under
§ 103(a) are affirmed. The rejections of claims 10-21, 30-41, and 47-50 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). 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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