Appeal No. 2006-0542 Page 11
Application No. 10/054,083
III. CONCLUSION
In summary, the rejection of claims 1, 3-11, and 13-19 under § 103(a) is affirmed.
"Any arguments or authorities not included in the brief or a reply brief filed
pursuant to § 41.41 will be refused consideration by the Board . . . ." 37 C.F.R.
§ 41.37(c)(1)(vii). 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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