Ex Parte Nikoonahad et al - Page 9



                 Appeal 2006-3247                                                                                         
                 Application 10/345,055                                                                                   

                 this premise, supra, we also affirm the rejection of claims 4-6, 25, 28, and                             
                 29.                                                                                                      
                         "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.")  No time for taking any action                            
                 connected with this appeal may be extended under 37 C.F.R.                                               
                 § 1.136(a)(1)(iv).                                                                                       

                                                     AFFIRMED                                                             



                 kis/ce                                                                                                   

                 BAKER & MCKENZIE, L.L.P.                                                                                 
                 1114 AVENUE OF THE AMERICAS                                                                              
                 NEW YORK, NY 10036                                                                                       


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