Ex parte NEUMANN et al. - Page 4




                 Appeal No. 95-4918                                                                                                                     
                 Application No. 08/114,293                                                                                                             


                          The full text of the examiner's rejection and response to                                                                     
                 the argument presented by appellants appears in the main and                                                                           
                 supplemental answers (Paper No. 27 and 32), while the complete                                                                         
                 statement of appellants’ argument can be found in the main and                                                                         
                 reply briefs (Paper Nos. 26 and 31).3                                                                                                  
                          In the main brief (page 5), appellants indicate that                                                                          
                 claims 2 through 24 stand together.  In light thereof, we                                                                              
                 select claim 13 for review, and claims 2 through 12 and 14                                                                             
                 through 24 shall stand or fall therewith; 37 CFR §                                                                                     
                 1.192(c)(7).                                                                                                                           
                                                                     OPINION                                                                            
                          In reaching our conclusion on the obviousness issue                                                                           
                 raised in this appeal, this panel of the board has carefully                                                                           
                 considered                                                                                                                             
                 appellants’ specification and claim 13, the applied patents,4                                                                          

                          3An earlier reply brief (Paper No. 28) was denied entry                                                                       
                 by the examiner (Paper No. 30).  A supplemental reply brief                                                                            
                 (Paper No. 33) was also denied entry by the examiner (Paper                                                                            
                 No. 34). Thus, these noted briefs are not before us.                                                                                   
                          4In our evaluation of the applied patents, we have                                                                            
                 considered all of the disclosure thereof for what it would                                                                             
                 have fairly taught one of ordinary skill in the art.  See In                                                                           
                 re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                                                                              
                 Additionally, this panel of the board has taken into account                                                                           
                                                                           4                                                                            





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