Appeal No. 2004-2230
Application No. 09/742,269
Throughout our opinion, we make references to the Appellant’s 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 Appellant and the Examiner, for the reasons stated infra, we
affirm the Examiner’s rejection of claims 1-4 and 6-7 under 35 U.S.C. § 102, and we affirm the
Examiner’s rejection of claim 5 under 35 U.S.C. § 103.
Only those arguments actually made by Appellant have been considered in this
decision. Arguments that Appellant could have made but chose not to make in the brief have not
been considered and we deem them to be waived by Appellant [see 37 CFR § 41.37(c)(1)(vii)
effective September 13, 2004 replacing 37 CFR § 1.192(a)].
Appellant has indicated that for purposes of this appeal the claims stand or fall together in a
single group. See page 7 of the brief. Appellant has fully met the requirements of
37 CFR § 1.192 (c)(7) (July 1, 2002) as amended at 62 Fed. Reg. 53169 (October 10, 1997).
We will, thereby, consider Appellant’s claims as standing or falling together in a single group,
and we will treat claim 1 as the representative claim of that group.
1 Appellant filed an appeal brief on June 23, 2003. Appellant filed a reply brief on December 23,
2003. The Examiner mailed an Examiner’s Answer on October 21, 2003.
3
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