Ex Parte MORRIS et al - Page 11




              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  Next 

Last modified: November 3, 2007