Ex parte COOPER et al. - Page 4




                     Appeal No. 1997-2688                                                                                                                                              
                     Application No. 08/453,689                                                                                                                                        
                                Rather than reiterate the arguments of Appellants and the                                                                                              
                     Examiner, reference is made to the Briefs  and Answers for the                          1                                                                         
                     respective details.                                                                                                                                               




                                                                                   OPINION                                                                                             
                                We note initially that Appellants have indicated (Brief,                                                                                               
                     page 4) that, for the purposes of this appeal, claims 1-20 and                                                                                                    
                     50-68 will stand or fall together.  Consistent with this                                                                                                          
                     indication, both Appellants and the Examiner have directed and                                                                                                    
                     limited their arguments to claim 1, the sole independent claim                                                                                                    
                     on appeal.  Accordingly, all the claims before us 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 989,                                                                                                     
                     991, 217 USPQ 1, 3 (Fed. Cir. 1983).  Therefore, we will only                                                                                                     
                     consider the rejection against independent claim 1 as                                                                                                             
                     representative of all the claims on appeal.                                                                                                                       
                                We have carefully considered the subject matter on                                                                                                                                                    


                                1 The Appeal Brief was filed October 22, 1996.  In                                                                                                     
                     response to the Examiner’s Answer dated November 20, 1996, a                                                                                                      
                     Reply Brief was filed January 22, 1997 which was acknowledged                                                                                                     
                     and entered without further comment in the Supplemental                                                                                                           
                     Examiner’s Answer dated February 3, 1997.                                                                                                                         
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