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 - 14 -Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 3, 2007