Ex Parte Teloh et al - Page 7

                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.")                                                
















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