Ex parte HOSHINO et al. - Page 6




          Appeal No. 1997-0322                                                        
          Application 08/014,574                                                      




          for the rejections.  We have, likewise, reviewed and taken                  
          into consideration, in reaching our decision, the appellants’               
          arguments set forth in the briefs along with the examiner’s                 
          rationale in support of the rejection and arguments in                      
          rebuttal set forth in the examiner’s answers.                               
          It is our view, after consideration of the record                           
          before us, that the evidence relied upon and the level of                   
          skill in the particular art would not have suggested to one of              
          ordinary skill in the art the obviousness of the invention as               
          set forth in claims 15, 16, 19, 20, 22 and 23.  Accordingly,                
          we reverse.                                                                 
          Appellants have indicated that for purposes of this                         
          appeal the claims will all stand or fall together as a single               
          group [brief, page 7].  Consistent with this indication                     
          appellants have made no separate arguments with respect to any              
          of the claims on appeal.  Since there are several rejections                
          before us, appellants’ grouping will be accepted as a                       
          representation that all the claims within each rejection will               
          stand or fall together.  Note In re King, 801 F.2d 1324, 1325,              
          231 USPQ 136, 137 (Fed. Cir. 1986); In re Sernaker, 702 F.2d                
                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007