Appeal No. 2005-0439 Page 11 Application No. 09/106,994 photosensitive sensor. Therefore, we affirm the obviousness rejection of claim 28 and of claims 25-27, which fall therewith. III. CONCLUSION In summary, the rejections of claims 1, 3-6, 8-10, and 18-28 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.")Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007