Appeal No. 1996-4030
Application 08/104,462
groupings in the 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 Appellant's 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 in what the
claims cover is not an argument as to why
the claims are separately patentable.
Appellant has provided a statement that claims 1, 3 and 4 may
be considered together as a group. We will, thereby, consider
Appellant's claims 1, 3 and 4 as standing or falling together
and we will treat claim 1 as a representative claim of the
group.
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