Appeal No. 2006-1413 Page 11
Application No. 09/952,073
Therefore, we affirm the rejection of claim 1 and of claims 5-7, 11, and 12, which fall
therewith.
Rather than arguing the rejection of claims 3, 4, 9, and 10 separately, the
appellants rely on their aforementioned arguments. (Appeal Br. at 7) Unpersuaded by
these arguments, we also affirm the rejections of these claims.
III. CONCLUSION
In summary, the rejections of claims 1, 3-7, and 9-12 under § 103(a) are
affirmed.
"Any arguments or authorities not included in the brief or a reply brief filed
pursuant to [37 C.F.R.] § 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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