Ex Parte Zettel et al - Page 4

                Appeal 2007-1361                                                                             
                Application 09/681,573                                                                       

                No. 2002/0002563 ("Bendik").  Claims 12 and 16-23 stand rejected under                       
                § 103(a) as obvious over ATS; Bendik; and U.S. Patent No. 6,336,124                          
                ("Alam").  Claim 24 stands rejected under § 103(a) as obvious over ATS;                      
                Bendik; Alam; and U.S. Patent No. 6,370,567 ("Ouchi").  Claim 26 stands                      
                rejected under § 103(a) as obvious over ATS; Bendik; and U.S. Patent No.                     
                6,009,442 ("Chen").  Claim 28 stands rejected under § 103(a) as obvious                      
                over ATS, Bendik, and Ouchi.                                                                 

                                      II. CLAIMS 1-4, 7, AND 25-29                                           
                      "When multiple claims subject to the same ground of rejection are                      
                argued as a group by appellant, the Board may select a single claim from the                 
                group of claims that are argued together to decide the appeal with respect to                
                the group of claims as to the ground of rejection on the basis of the selected               
                claim alone.  Notwithstanding any other provision of this paragraph, the                     
                failure of appellant to separately argue claims which appellant has grouped                  
                together shall constitute a waiver of any argument that the Board must                       
                consider the patentability of any grouped claim separately."  37 C.F.R.                      
                § 41.37(c)(1)(vii) (2006).1                                                                  






                                                                                                            
                1 We cite to the version of the Code of Federal Regulations in effect at the                 
                time of the Appeal Brief.  The current version includes the same rules.                      

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