Appeal No. 1996-4091
Application 08/167,394
sustain the rejection of Appellants' claims 1 through 4 under
35 U.S.C. § 112, first paragraph.
Claims 1 through 4 stand rejected under 35 U.S.C. § 102
as being anticipated by Ng. We note on page 2 of Appellants'
brief that Appellants have stated that claims 1 through 4 stand
or fall together. We note that Appellants argue all of the
claims as a single group in the brief. 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
in what the claims cover is not an argument
as to why the claims are separately
patentable.
Appellants have provided a statement that the claims stand or
fall together. We will, thereby, consider the Appellants' claims
as standing or falling together and we will treat claim 1 as a
representative claim of that group.
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