Ex Parte Moles - Page 12

                Appeal 2006-2594                                                                              
                Application 10/034,394                                                                        
                Bickmore also discloses that its "Digestor performs a depth-first search of                   
                the document transformation space, using many heuristics that describe                        
                preconditions for transformations and combinations of transformations."                       
                (P. 539.)  "Each state in the transformation space represents a version of the                
                document, with the initial state representing the original 'as-authored'                      
                document (see Figure 6)."  (Id.)  We also find that the Digestor constitutes a                
                controller and that its searching constitutes scanning a document for tags                    
                associated with graphical images.  Therefore, we affirm the rejection of                      
                claim 8 and of claims 9-14, which fall therewith.                                             

                                            VI.  CONCLUSION                                                   
                      In summary, the rejection of claims 1-21 under § 103(a) 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                        
                brief.  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.")  No time for taking any action                 
                connected with this appeal may be extended under 37 C.F.R.                                    
                § 1.136(a)(1)(iv).                                                                            




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