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