Ex Parte Papathomas - Page 1



           The opinion in support of the decision being entered today was             
            not written for publication and is not binding                            
                               precedent of the Board                                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                         Ex parte KONSTANTINOS PAPATHOMAS                             
                                   ______________                                     
                                Appeal No. 2005-0181                                  
                               Application 09/781,631                                 
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before WARREN, DELMENDO, and PAWLIKOWSKI, Administrative Patent             
          Judges.                                                                     
          PAWLIKOWSKI, Administrative Patent Judge.                                   
                                 DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C. § 134 from the            
          examiner’s final rejection of claims 31-70.  A copy of claims 31,           
          35, 36, 41, 42, 52, and 54 is set forth in the attached appendix.           
               Appellant states that the claims cannot be grouped together.           
          Brief, page 5.  The examiner groups the claims as follows: claims           
          31-35, claims 36-41, claims 42-46, claims 47-51, claims 52-61,              
          and claims 62-70.  The examiner states that appellant does not              
          indicate that any of the dependent claims stand or fall                     
          separately from a respective independent claim, and when                    
          traversing the prior art rejection, the examiner states that                
          appellant does not separately argue dependent claim limitations.            
          The examiner states that, as such, the examiner assumes that                
          appellant intends for all the dependent claims to stand or fall             
          with a respective independent claim.  Answer, page 3.                       
          We select the broadest claim in each respective rejection for               
          consideration in this appeal.  This selection is indicated in               




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