Appeal No. 2004-1244
Application 10/085,280
THE PRIOR ART
The references relied on by the examiner as evidence of
obviousness are:
Beusch 3,910,060 Oct. 7, 1975
Kaiser et al. (Kaiser) 5,419,150 May 30, 1995
THE REJECTION
Claims 1 through 12 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Beusch in view of Kaiser.
Attention is directed to the briefs and to the superseding
Office action and answer for the respective positions of the
appellant and the examiner regarding the merits of this
rejection.
DISCUSSION
I. Grouping of claims
For purposes of this appeal, the appellant groups claims 1
through 3, 5 through 9, 11 and 12 as standing or falling together
and claims 4 and 10 as standing or falling together. In
accordance with this grouping, and pursuant to 37 CFR
§ 1.192(c)(7), we will decide the appeal on the basis of claims 1
and 4 alone. Claims 2, 3, 5 through 9, 11 and 12 shall stand or
fall with claim 1 and claim 10 shall stand or fall with claim 4.
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