Ex Parte Luse et al - Page 11




              Appeal No. 2006-0721                                                              Page 11                                        
              Application No. 10/113,458                                                                                                       








                                                  III. CONCLUSION                                                                              
                     In summary, the rejection of claims 1-30 under § 102(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, unless good cause is                                             
              shown."  37 C.F.R. § 41.37(c)(1)(vii).  Accordingly, our affirmance is based only on the                                         
              arguments made in the appellant's amended appeal brief.  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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