Ex parte MCCLINTON - Page 4




          Appeal No. 97-1445                                          Page 4           
          Application No. 08/202,254                                                   


               The complete text of the examiner's rejections and                      
          response to the argument presented by the appellant appears in               
          the answer (Paper No. 20, mailed December 9, 1996), while the                
          complete statement of the appellant's argument can be found in               
          the brief (Paper No. 19, filed September 25, 1996).3                         
                                       OPINION                                         
               In reaching our decision in this appeal, we have given                  
          careful consideration to the appellant's specification and                   
          claims, to the applied prior art references, and to the                      
          respective positions articulated by the appellant and the                    
          examiner.  As a consequence of our review, we make the                       
          determinations which follow.                                                 
               The appellant has not included a statement in the brief                 
          that claims 7, 16, 18 and 19 do not stand or fall together and               
          has not included any argument in the brief explaining why                    
          these claims are believed to be separately patentable.                       
          Therefore, and in accordance with 37 CFR § 1.192(c)(7), we                   


               3On August 13, 1996, the appellant filed an amendment after final       
          rejection along with a first appeal brief taking into account the amendment  
          filed therewith.  The examiner refused entry of the amendment in an advisory 
          action mailed September 3, 1996.  In response to the advisory action, the    
          appellant filed a new appeal brief on September 25, 1996 which reflects the  
          fact that the amendment filed August 13, 1996 was not entered.               







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