Houston Texans head coach Gary Kubiak is "disappointed" that he will be without suspended defensive end Antonio Smith for the first game of the regular season.
Smith will miss the clash with San Diego Chargers after being handed a three-game ban, which includes his side's final two pre-season games, after swinging a helmet at Miami Dolphins guard Richie Incognito.
The 31-year-old tried to appeal the ban but this was rejected by the NFL earlier on Friday.
Kubiak told reporters: "Disappointed. I thought we had an excellent chance of getting him back the first week."
Smith has been with the Texans since the 2009 season.