Ex parte ALECCI et al. - Page 6




          Appeal No. 1997-1654                                       Page 6           
          Application No.  08/431,307                                                 


          In re King, 801 F.2d 1324, 1325, 231 USPQ 136, 137 (Fed. Cir.               
          1986); In re Sernaker, 702 F.2d 989, 991, 217 USPQ 1, 3 (Fed.               
          Cir. 1983).                                                                 


               The appellants fail to explain why dependent claims 27,                
          28 and 31-37 and independent claim 47, which are subject to                 
          the same rejection as independent claim 26, are believed to be              
          separately patentable; why dependent claims 41-46, which are                
          subject to the same rejection as independent claim 38, are                  
          believed to be separately patentable; or why dependent claims               
          50 and 51, which are subject to the same rejection as                       
          independent claim 49, are believed to be separately                         
          patentable.  Therefore, claims 26-28, 31-37, and 47 stand or                
          fall together, with claim 26 as the representative claim of                 
          the group; claims 38 and 41-46 stand or fall together, with                 
          claim 38 as the representative claim of the group; and claims               
          49-51 stand or fall together, with claim 49 as the                          
          representative claim of the group.  Next, we address the                    
          obviousness of the claims.                                                  


                              Obviousness of the Claims                               







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