Appeal No. 2004-1274
Application 09/951,616
problem of sealants and the difficulty of providing the seamless
appearance of grout or mortar lines for the Castle wall coping
system so as to prevent undesirable entry of moisture into the
wall while at the same time providing an aesthetically appealing
seamless appearance.
For the foregoing reasons, we find that the Examiner has
established a prima facie case of obviousness. Therefore, we will
affirm the rejection of claims 1-23 under 35 U.S.C. § 103.
Appellants have not made any other further argument as to the
claims. 37 CFR 1.192(a) states:
Appellant must, within two months from the
date of the notice of appeal under § 1.191 or
within the time allowed for reply to the
action from which the appeal was taken, if
such time is later, file a brief in
triplicate. The brief must be accompanied by
the fee set forth in § 1.17(c) and must set
forth the authorities and arguments on which
Appellant will rely to maintain the appeal.
Any arguments or authorities not included in
the brief will be refused consideration by the
Board of Patent Appeals and Interferences,
unless good cause is shown.
Thus, 37 CFR § 1.192(a) provides that only arguments made by
Appellants in the brief will be considered and that failure to
make an argument constitutes a waiver on that particular point.
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