Appeal No. 2005-0247 Page 12
Application No. 10/171,657
Unpersuaded by these arguments, we also affirm the rejections of claims 2-5, 8, 10, 20,
23, and 26
CONCLUSION
In summary, the rejections of claims 1-27 under § 103(a) 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)(1)(iv).
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