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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