Ex Parte Clasbrummel et al - Page 11




                  Appeal No. 2006-0981                                                                                      Page 11                       
                  Application No. 10/036,618                                                                                                              



                  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).                                                           


                                                                     AFFIRMED                                                                             





                                             JOSEPH F. RUGGIERO                                    )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             LANCE LEONARD BARRY                                   )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             ALLEN R MacDONALD                                     )                                                      
                                             Administrative Patent Judge                           )                                                      









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