Appeal 2006-2536 Application 10/611,127 Burton's modifying of the preferred path assignment is analogous to the claimed enabling step. . . ." (Br. 7.) Just as "[i]t is not the function of [the U.S. Court of Appeals for the Federal Circuit] to examine the claims in greater detail than argued by an appellant, looking for nonobvious distinctions over the prior art," In re Baxter Travenol Labs., 952 F.2d 388, 391, 21 USPQ2d 1281, 1285 (Fed. Cir. 1991), it is not the function of this Board to examine the representative claim in greater detail than argued by the Appellants, looking for distinctions over the prior art.3 Therefore, we affirm the rejection of claim 7 and of claims 8 and 9, which fall therewith. VI. ORDER In summary, the rejection of claims 1-9 under § 102(e) is 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.") 3 The Appellants also reiterate their prior argument regarding whether Burton responds to the situation wherein two requesters have access only to different ones of an active-passive pair of storage controllers by selecting any one of the controllers as an active controller. (Br. 7.) We addressed this argument in the preceding issue. 11Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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