Appeal No. 2001-1969
Application No. 09/040,478
In the main brief (page 4), appellants indicate that all
claims stand or fall together. Therefore, our primary focus
below shall be upon independent claims 34 and 35, with the
remaining claims on appeal standing or falling therewith.
OPINION
In reaching our conclusion on the issues raised in this
appeal, this panel of the board has carefully considered
appellants’ specification and claims 34 and 35, the applied
teachings,2 and the respective viewpoints of appellants and the
examiner. As a consequence of our review, we make the
determinations which follow.
2
2 In our evaluation of the applied prior art, we have
considered all of the disclosure of each document for what it
would have fairly taught one of ordinary skill in the art. See
In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).
Additionally, this panel of the board has taken into account not
only the specific teachings, but also the inferences which one
skilled in the art would reasonably have been expected to draw
from the disclosure. See In re Preda, 401 F.2d 825, 826, 159
USPQ 342, 344 (CCPA 1968).
4
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