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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