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 9Page: Previous 1 2 3 4 5 6 7 8 9
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