Appeal No. 2003-2136 Page 17
Application No. 09/562,952
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 brief. 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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