Ex Parte Harrison et al - Page 3




          Appeal No. 2004-0468                                                        
          Application 09/754,555                                                      


               Throughout our opinion, we make references to the                      
          Appellants’ briefs, and to the Examiner’s Answer for the                    
          respective details thereof.1                                                


                                       OPINION                                        
               With full consideration being given to the subject matter on           
          appeal, the Examiner’s rejections and the arguments of the                  
          Appellants and the Examiner, for the reasons stated infra, we               
          affirm the Examiner’s rejection of claims 1-4, 6-10, and 12-15              
          under 35 U.S.C. § 103.                                                      


               Appellants have indicated that for purposes of this appeal             
          the claims stand or fall together in a single grouping.  See page           
          5 of the brief.  Appellants have fully met the requirements of              
          37 CFR § 1.192 (c)(7) (July 1, 2002) as amended at 62 Fed. Reg.             
          53169 (October 10, 1997), which was controlling at the time of              
          Appellants’ filing of the brief.  37 CFR § 1.192 (c)(7) states:             
                    Grouping of claims. 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                       


          1 Appellants filed an appeal brief on June 4, 2003.  Appellants             
          filed a reply brief on July 28, 2003.  The Examiner mailed out an           
          Examiner’s Answer on July 11, 2003.                                         
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