Ex Parte STRADINGER et al - Page 5




          Appeal No. 2002-0998                                                        
          Application 09/296,139                                                      




          OPINION                                                                     


          In reaching our decision in this appeal, we have given                      
          careful consideration to appellants’ specification and claims2,             
          to the applied prior art references, and to the respective                  
          positions articulated by appellants and the examiner.  As a                 
          consequence of our review, we have made the determinations which            
          follow.                                                                     


          Looking at page 4 of the brief, we note that appellants have                
          indicated that claims 1 through 3, 5 through 14, 16 and 17 “stand           
          or fall together.”  Thus, we focus our discussion below on                  
          independent claims 1 and 9, and consider that the remaining                 
          claims before us on appeal will stand or fall with their                    
          respective independent claim.                                               


          In his rejection of independent claims 1 and 9 the examiner                 


               2 Claims 16 and 17 depend directly or indirectly from                  
          canceled claim 15.  During any further prosecution of the                   
          application, both the examiner and appellants would be well                 
          served to address this problem, which has existed since the                 
          amendment filed May 19, 2000 directed cancellation of claim 15.             
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