Ex Parte Zettel et al - Page 21

                Appeal 2007-1361                                                                             
                Application 09/681,573                                                                       

                addresses in the distribution list, let alone a list of supervisors who approve              
                documents.  Absent a teaching or suggestion of displaying a list of                          
                supervisors who approve documents, we are unpersuaded of a prima facie                       
                case.  Therefore, we reverse the rejection of claim 24.                                      
                                                                                                            
                                               VIII. ORDER                                                   
                      In summary, the rejections of claims 1-11 and 13-23 are affirmed.                      
                The rejections of claims 12 and 24-29, however, are reversed.                                

                      "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.")                                               











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