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.") 13Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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