Appeal No. 97-3717 Page 15
Application No. 08/397,163
For the reasons set forth above, the decision of the
examiner to reject claim 9 under 35 U.S.C. § 103 is affirmed.
Claims 10 and 12 through 16
Dependent claims 10 and 12 through 16 have not been
separately argued by the appellant. Accordingly, these claims
will be treated as falling with parent claim 9. See In re
Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir.
1991); In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528
(Fed. Cir. 1987); and In re Wood, 582 F.2d 638, 642, 199 USPQ
137, 140 (CCPA 1978). Thus, it follows that the decision of
the examiner to reject claims 10 and 12 through 16 under 35
U.S.C. § 103 is also affirmed.
CITATION OF PRIOR ART
We cite the patent to Newcomb for consideration by both
the appellant and the examiner in any further proceedings on
the merits of the appealed subject matter.
Newcomb discloses a control valve such as a servovalve or
fuel injection valve for controlling flow of a medium. As
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