Appeal No. 2005-0247 Page 9
Application No. 10/171,657
rejection of claim 13 and of claims 1, 6, 7, 9, 11, 12, 14-19, 24, 25, and 27, which fall
therewith.
Rather than arguing the rejections of claims 2-5, 8, 10, 20-23, and 26 separately,
the appellants relied on the arguments in their appeal brief. (Appeal Br. at 9-10.)
Unpersuaded by these arguments, we also maintain our affirmance of the rejections of
claims 2-5, 8, 10, 20-23, and 26.
"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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