Appeal No. 2004-0804
Application No. 09/757,886
We affirm rejections I, III, IV, and V but reverse
rejection II.2 In addition, we enter a new ground of rejection
pursuant to 37 CFR § 1.196(b) (2003)(effective Dec. 1, 1997).
I. Claims 7 & 8 under 35 U.S.C. § 102(b)
over WO ’621
The appellants do not dispute the examiner’s determination
(answer, page 3) that Figure 9 of WO ’621 anticipates appealed
claim 7 as it is now written. Rather, the appellants’ only
argument against this rejection is that the 37 CFR § 1.116 reply
amended claim 7 such that it corresponds to claim 1 as amended
in the reply filed Sep. 16, 2002. (Appeal brief, page 3; reply
brief filed Aug. 18, 2003, pages 1-2.)
The appellants’ argument lacks discernible merit. As
pointed out by the examiner (answer, page 5), the 37 CFR § 1.116
amendment was denied entry. (Advisory action mailed Jun. 25,
2003.)
2 The appellants submit that “[t]he claims stand or fall
together.” (Appeal brief filed May 27, 2003, p. 3.) We
interpret the appellants’ statement to mean that the claims
subject to a common ground of rejection stand or fall together.
Accordingly, we confine our discussion to claim 7 for rejection
I, claim 3 for rejection III, and claim 9 for rejection V. 37
CFR § 1.192(c)(7)(2003)(effective Apr. 21, 1995).
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