Ex parte DIEKEN - Page 3




          Appeal No. 95-0953                                                          
          Application 07/976,328                                                      


               The final rejection of all claims under 35 U.S.C.                      
           102(b) as being anticipated by Kempka, U.S. Patent                        
          4,783,813, has been withdrawn (Examiner's Answer, page 3).                  
               Claims 1-3, 9-12, and 17 stand rejected under 35 U.S.C.                
           102(e) as being anticipated by Dufresne.                                  
               Claims 1-4, 6-13, and 15-17 stand rejected under                       
          35 U.S.C.  102(b) as being anticipated by Pfeiffer.                        
               We refer to the Examiner's Answer (Paper No. 14) for a                 
          complete statement of the examiner's position and to the                    
          replacement Brief (Paper No. 13) and the Reply Brief (Paper                 
          No. 16) for appellant's response.                                           


                                       OPINION                                        
          Grouping of claims                                                          
               The examiner errs in considering the dependent claims to               
          stand or fall together with independent claim 1 under 37 CFR                
           1.192(c)(5) (1994).                                                       
               As appellant points out (Reply Brief, page 3):  "there                 
          were two sets of claims, one to a chestpiece [claims 1-4 and                
          6-8] and one to a stethoscope [claims 9-13 and 15-17]."                     
          Claim 9 is, in effect, an independent claim to a stethoscope                
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