Ex Parte Capoccia - Page 2




          Appeal No. 2004-1142                                                        
          Application No. 09/892,001                                                  


          mounted on a paint roller handle assembly, where the roller pan             
          is divided into two paint reservoirs created by a central divider           
          wall to enable the user to roll each applicator head separately             
          in each paint reservoir simultaneously (Brief, page 7).                     
               Appellant states that the claims are not in a single group             
          but each stands on its own (Brief, page 10).  However, as                   
          correctly noted by the examiner (Answer, pages 2-3, ¶(7)),                  
          appellant has not provided specific, substantive reasons for the            
          separate patentability of any individual claim (see the Brief in            
          its entirety).  Accordingly, we select one claim from each group            
          of rejected claims (i.e., claims 11, 12 and 13) and decide the              
          grounds of rejection in this appeal on the basis of these claims            
          alone.  See 37 CFR § 1.192(c)(7)(2002); In re McDaniel, 293 F.3d            
          1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir. 2002).                          
          Representative independent claim 11 is reproduced below:                    
               11. Method for applying two different paint sources, which             
          comprises:                                                                  
               (a) providing a paint roller, which comprises an annular               
          applicator which surmounts a single interior annular core, said             
          applicator having a central valley for forming a pair of spaced-            
          apart first and second applicator heads, said paint roller being            
          mounted on a paint roller handle assembly;                                  
               (b) providing a roller pan having a central divider wall for           
          forming a first and a second paint reservoir adapted to be                  
          simultaneously accessed by the applicator heads, wherein the                
          depth of the central valley is at least about as great as the               
          height of the pan divider wall;                                             


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