Appeal 2007-1422
Reexamination Control 90/007,260
Patent 6,093,139
U.S. Patent 6,093,139, issued July 25, 20001. All claims stand finally
rejected under 35 U.S.C. § 103(a) in view of the combined teachings of
Sheldon, U.S. Patent 953,063, issued March 29, 1910, and Stab, U.S. Patent
5,484,379, issued January 16, 1996.
Appellant argues the claims in five separate groups: (I) Claims 1, 8-9,
and 11-17, (II) Claims 2 and 18-21, (III) Claims 3-7, (IV) Claim 5, and (V)
Claim 10. According to 37 C.F.R. § 41.37(c)(1)(vii) (2006):
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.
In this case, we choose Claim 1 as representative of Group I, Claim 2 as
representative of Group II, and Claim 3 as representative of Group III.
Thus, all claims stand or fall with Claims 1, 2, 3, 5, and 10 of their
respective groups.
1 Application 09/013,930, filed January 27, 1998.
2
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