Ex parte BERRY et al. - Page 6




          Appeal No. 95-4356                                                          
          Application 08/133,821                                                      



          We agree with appellants that the artisan having                            
          considered the specification of this application would have no              
          difficulty ascertaining the scope of the invention recited in               
          claim 16.  The objected to step appears to reasonably recite                
          that an assigned object is determined based on an icon                      
          selected by the user.  Therefore, the rejection of claim 16                 
          under the second paragraph of 35 U.S.C. § 112 is not                        
          sustained.                                                                  
          We now consider the rejection of claims 16-27 under                         
          35 U.S.C. § 103.  Appellants have indicated that for purposes               
          of this appeal the claims will stand or fall together in four               
          groups, each headed by one of the four independent claims.                  
          Consistent with this indication appellants have made no                     
          separate arguments with respect to any of the claims within                 
          each group.  Accordingly, all the claims within each group                  
          will stand or fall together.  Note In re King, 801 F.2d 1324,               
          1325, 231 USPQ 136, 137 (Fed. Cir. 1986); In re Sernaker, 702               
          F.2d 989, 991, 217 USPQ 1, 3 (Fed. Cir. 1983).  Accordingly,                
          we will only consider the rejections against independent                    



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