Ex parte BEINGLASS et al. - Page 3



               Appeal No. 1997-4027                                                                                             
               Application No. 08/300,111                                                                                       

                                                     THE REJECTION                                                              

                        The Examiner entered the following ground of rejection:                                                 
                        Claims 1, 3, 10 and 11 are rejected as being unpatentable under 35 U.S.C. § 103                         
                over the combination of Anderson and Narita.   (Examiner’s Answer, page 3).                                     
                                                         OPINION                                                                

                        Appellants have indicated (Brief, page 3) that, for the purposes of this appeal, the                    
                claims will stand or fall together in the following groups: Group I (claims 1 and 11),                          
                Group II (claim 3) and Group III (claim 10).  Accordingly, we will select one claim                             
                from each group as representative of all of the claims on appeal from that group.    See                        
                37 CFR § 1.192(c)(7)(1995).  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).                                                                                                          
                Our initial inquiry is directed to the scope of the claimed subject matter.  During                             
                patent prosecution, claims are to be given their broadest reasonable interpretation                             
                consistent with the specification, and the claim language is to be read in view of the                          
                specification as it would be interpreted by one of ordinary skill in the art.  In re Morris,                    

                127 F.3d 1048, 1053-54, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997); In re Zletz, 893                                 

                F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989); In re Sneed, 710 F.2d 1544,                               



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