Ex parte SUZUKI - Page 14




          Appeal No. 95-2600                                                          
          Application 07/990,458                                                      

               In his main brief, appellant does not argue the separate               
          patentability of the features of claims 5 and 6 for which Hilton            
          is additionally cited.  Instead, appellant argues that neither              
          Hilton nor the combination of Hilton with Suwa teaches the                  
          features of the "support frame" and the "goggle-shaped housing"             
          in claim 1 (Brief, pages 18-19).  In effect, appellant argues               
          that claims 5 and 6 should be patentable because claim 1 is                 
          patentable, i.e., that claims 5 and 6 stand or fall together with           
          claim 1.  Since we sustain the rejection of claim 1, we will                
          sustain the rejection of claims 5 and 6.                                    

          Claims 7 and 9-13                                                           
               Claims 7 and 9                                                         
               In his main brief, appellant does not argue the separate               
          patentability of the features of claims 7 and 9 for which Heilig            
          is additionally cited.  Instead, appellant argues that neither              
          Heilig nor the combination of Heilig with Suwa teaches the                  
          features of the "support frame" and the "goggle-shaped housing"             
          in claim 1 (Brief, page 19).  In effect, appellant argues that              
          claims 7 and 9 should be patentable because claim 1 is                      
          patentable, i.e., that claims 7 and 9 stand or fall together with           
          claim 1.  Since we sustain the rejection of claim 1, we will                
          sustain the rejection of claims 7 and 9.  Appellant's new                   

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