Ex Parte Suzuki et al - Page 13




              Appeal No. 2006-2648                                                               Page 13                
              Application No. 09/788,387                                                                                


              position.  Because one of those alternative insertion points must be selected, we find                    
              that the reference inserts image data in a selected position of a sequence of image                       
              data.  Because such insertion is performed responsive to "determi[ing] whether                            
              photographing is performed, i.e., whether the user depresses the shutter of the                           
              operating section 12 to instruct to receive the preview image in the memory 5 (S11),"                     
              (col. 4, ll. 64-67), we further find that Sato inserts image data in a selected position of a             
              sequence of image data in accordance with a user's instruction when the image is                          
              acquired.  Therefore, we affirm the rejection of claim 16.                                                


                                                  III. CONCLUSION                                                       
                     In summary, the rejection of claims 1, 4, 7, 8, 12, and 13 under § 102(e) is                       
              affirmed.  The rejection of claims 5, 9, 14, and 16 under § 103(a) is also 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                        








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