Ex Parte CALLAGHAN et al - Page 17




                 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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