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.")
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