Ex Parte Pittaro - Page 8




               Appeal No. 2005-2057                                                                        Page 8                  
               Application No. 09/906,362                                                                                          



                       Here, contrary to the premise of the appellant's aforementioned argument,                                   
               claim 1 does not specify that "the integration periods are controlled by the detector."                             
               (Appeal Br. at 7.)  Because it is based on limitations that are not claimed, we are                                 
               unpersuaded by the argument. Therefore, we affirm the anticipation rejection of claim 1                             
               and of claims 2-28, which fall therewith.                                                                           


                                                      III. CONCLUSION                                                              
                       In summary, the rejection of claims 1-28 under § 102(e) is 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).                                                                                                  










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