Appeal No. 2004-1274
Application 09/951,616
Support for this rule has been demonstrated by our reviewing
court in In re Berger, 279 F.3d 975, 984, 61 USPQ2d 1523, 1528-29
(Fed. Cir. 2002), wherein the Federal Circuit Court stated that
because the Appellant did not contest the merits of the
rejections in his brief to the Federal Circuit court, the issue
is waived. Our reviewing court has stated that the court has
“frequently declined to hear arguments that the applicant failed
to present to the Board.” In re Watt, 354 F.3d at 1368-69, 69
USPQ2d at 1457-58 (Fed. Cir. 2004).
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