Appeal No. 2004-0870 Page 18
Application No. 09/477,419
would have suggested using a thumbnail view for the minimized representation.
Therefore, we affirm the obviousness rejection of claim 16 and of claim 24, which falls
therewith.
CONCLUSION
In summary, the rejections of claims 1-13, 15, 23, and 30-41 under § 103(a) are
reversed. The rejections of claims 14, 16-22, and 24-29, however, are affirmed.
"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 omitted therefrom are neither before us nor at
issue but are considered waived. Cf. In re Watts, 354 F.3d 1362, 1367, 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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