AT&T loses at PTAB in Ex parte ANSCHUTZ

A message from Ex parte ANSCHUTZ is the need to develop all needed arguments in the opening brief.   Mentioning something only in the Reply Brief is too late:

Ex parte Borden, 93 USPQ2d 1473, 1474

(BPAI 2010) (informative)

(“[T]he reply brief [is not] an opportunity to make

arguments that could

have been made in the principal brief on appeal to rebut the Examiner’s

rejections, but were not.”).