Appeal No. 2006-1864
Application No. 10/167,922
It is axiomatic that all arguments and evidence of unexpected
results must be discussed in the Brief or be considered waived.
Accordingly, based on the foregoing, we find that the prior
art advanced by the examiner establishes a prima facie case of
obviousness for the claimed subject matter that has not been
rebutted by appellants. Accordingly, the examiner's decision
rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a)(1)(iv) (effective Sep. 13, 2004; 69 Fed. Reg. 49960
(Aug. 12, 2004); 1286 Off. Gaz. Pat. Office 21 (Sep. 7, 2004)).
AFFIRMED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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)
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BRADLEY R. GARRIS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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BEVERLY A. FRANKLIN )
Administrative Patent Judge )
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