Appeal 2007-0265 Application 09/988,853 VI. ORDER In summary, the rejection of claims 1-4, 6-10, 12-16, 18, 20-23, 25-29, 31-35, 37-41, 43-46, and 48-50 under § 102(e) is affirmed. The rejections of claims 5, 11, 17, 19, 24, 30, 36, 42, 47, and 51 under § 103(a) are also 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.") 7Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: September 9, 2013