Ex parte GLOWNY et al. - Page 4




          Appeal No. 94-4400                                                          
          Application 07/771,063                                                      


          ordinary skill in the art the obviousness of the invention as set           
          forth in claims 10-20.  Accordingly, we reverse.                            
          Appellants have indicated that for purposes of this                         
          appeal the claims will stand or fall together in the following              


          three groups: Group I has claims 10-12, Group II has claims 13-             
          16, and Group III has claims 17-20.  Consistent with this                   
          indication appellants have made no separate arguments with                  
          respect to any of the claims within each group.  Accordingly, all           
          the claims within each group will stand or fall together.  Note             
          In re King, 801 F.2d 1324, 1325, 231 USPQ 136, 137 (Fed. Cir.               
          1986); In re Sernaker, 702 F.2d 989, 991, 217 USPQ 1, 3 (Fed.               
          Cir. 1983).  Accordingly, we will only consider the rejection               
          against claims 10, 13 and 17 as representative of all the claims            
          on appeal.                                                                  
          In rejecting claims under 35 U.S.C.  103, it is                            
          incumbent upon the examiner to establish a factual basis to                 
          support the legal conclusion of obviousness.  See In re Fine, 837           
          F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).  In so               
          doing, the examiner is expected to make the factual                         
          determinations set forth in Graham v. John Deere Co., 383 U.S. 1,           
          17, 148 USPQ 459, 467 (1966), and to provide a reason why one               

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