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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