Appeal No. 96-2520
Application 07/891,852
Claims 7, 8 and 10 stand rejected under 35 U.S.C. §
103 as being unpatentable over Sotome '124 and Graham. At the
outset, we note that Appellant states on pages 1 and 2 of the
brief that the claims do not stand or fall together and that
the "Arguments" section of the brief provides reasons why the
claims do not stand or fall together. However, we note that
Appellant only argues claims 7, 8 and 10 as a single group in
the first and second reply briefs. 37 CFR § 1.192(c)(7) (July
1, 1995) as amended at 60 Fed. Reg. 14518 (March 17, 1995),
which was controlling at the time of Appellants' filing the
brief, states:
For each ground of rejection which
appellant contests and which applies to a
group of two or more claims, the Board
shall select a single claim from the group
and shall decide the appeal as to the
ground of rejection on the basis of that
claim alone unless a statement is included
that the claims of the group do not stand
or fall together and, in
the argument under paragraph (c)(8) of this
section, appellant explains why the claims
of the group are believed to be separately
patentable. Merely pointing out
differences
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