Appeal No. 2006-1332 Page 15
Application No. 09/548,687
III. CONCLUSION
In summary, the rejections of claims 1-3, 5, 9, 10, 12-18, 20, and 21 under § 102
are affirmed. The rejection of claims 4, 6, 11, 19, and 22 under § 103 is also 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 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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