Appeal No. 1999-2747
Application 08/757,979
McClure and Handy.
At the outset, we note that Appellants have indicated on
page 3, section VI, of the brief that claims 1, 4, 5, 9, 10,
13, 14, 18, 20 and 21 form a single group, and does not
include a statement that the claims of this group do not rise
and fall together. We further note that Appellants have
argued all the claims in this group together and have not
explained why the claims of this group are believed to be
separately patentable. 37 CFR § 1.192 (c)(7)(July 1, 1998) as
amended at 62 Fed. Reg. 53196 (October 10, 1997), which was
controlling at the time of Appellants filing the brief,
states:
For each ground of rejection which appellant
contests and which applies to a group of two or more
claims, the Board shall select a single claim from
the group and shall decide the appeal as to the
ground of rejection on the basis of that claim alone
unless a statement is included that the claims of
the group do not stand or fall together and, in the
argument under paragraph (c)(8) of this section,
appellant explains why the claims of the group are
believed to be separately patentable. Merely
pointing out differences in what the claims cover is
not an argument as to why the claims are separately
patentable.
Appellants have not provided a statement that the claims
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