Ex parte MOONEY et al. - Page 4




          Appeal No. 95-0057                                                          
          Application 07/775,114                                                      


          of obviousness relied upon by the examiner as support for the               
          rejections.  We have, likewise, reviewed and taken into                     
          consideration, in reaching our decision, the appellants'                    
          arguments set forth in the briefs along with the examiner's                 
          rationale in support of the rejections and arguments in rebuttal            
          set forth in the examiner's answer.                                         


          It is our view, after consideration of the record before                    
          us, that the collective evidence relied upon and the level of               
          skill in the particular art would have suggested to one of                  
          ordinary skill in the art the obviousness of the invention as set           
          forth in claims 1, 4, 6-12 and 14.  We reach the opposite                   
          conclusion with respect to claim 5.  Accordingly, we affirm-in-             
          part.                                                                       
          Appellants have nominally indicated in section VI. of the                   
          brief that the claims within each of the three rejections stand             
          together.  Nevertheless, the arguments section of the brief                 
          proceeds to provide arguments in support of the separate                    
          patentability of some of the claims.  This procedure is                     
          inconsistent with 37 CFR  1.192 and would be grounds to treat              
          all the claims within each rejection as standing or falling                 
          together.  However, since the examiner in the answer has                    

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