Ex parte JOHANSSON - Page 15




          Appeal No. 97-2713                                                           
          Application 08/373,069                                                       


          rejection of claim 8. We will also sustain the § 103 rejection               
          of dependent claim 25 because the patentability of this claim                
          has not been argued separately of claims 1 and 8. See Nielson,               
          816 F.2d at 1572, 2 USPQ2d at 1528 and Burckel, 592 F.2d 1178-               
          79, 201 USPQ at 70.                                                          


               We cannot, however, sustain the § 103 rejection of claim                
          21. The applied references are devoid of any suggestion of                   
          providing Barkley’s hydraulic rams 58 with conduits for any                  
          purpose, let alone the purpose recited in claim 21.                          


               Turning now to the § 103 rejection of claims 4, 5 and 7,                
          appellant merely argues that these claims are patentable for                 
          the reasons previously stated with respect to the Douglas and                
          Laukien references. Those arguments were not persuasive when                 
          first considered and are not persuasive now for the reasons                  
          discussed supra. Accordingly, we will sustain the § 103                      
          rejection of claims 4, 5 and 7.                                              


               However, we cannot sustain the § 103 rejection of claims                
          22 and 23. With regard to claim 22, the applied references are               
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