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.") 21Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: September 9, 2013