Ex Parte Deshpande et al - Page 13

                   Appeal 2006-0016                                                                                                   
                   Application 10/347,536                                                                                             
                   does not allege, let alone show, that the addition of Arimilli cures the                                           
                   aforementioned deficiency of Donaldson.  Therefore, we also reverse the                                            
                   obviousness rejection of claims 38-48 and 61-65.                                                                   

                                                      IV. CONCLUSION                                                                  
                           In summary, the rejection of claims 37-48 and 60-65 under 35 U.S.C.                                        
                   § 112, ¶ 1, is affirmed.  The rejection of claims 37-40, 42-48, 60-63, and 65                                      
                   under § 102(e) and the rejection of claims 38-48 and 61-65 under § 103(a),                                         
                   however, are reversed.                                                                                             

                           "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.")                                                                     











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