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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