Ex parte DIEKEN - Page 5




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

          grouped to stand or fall together according to 37 CFR                       
           1.192(c)(5) does not excuse failing to treat claims that are              
          properly argued.  As discussed, claims 11 and 12 in the                     
          Dufresne rejection and claims 11-13, 15, and 16 in the                      
          Pfeiffer rejection were properly argued.                                    
               The examiner also criticizes how claims 9 and 17 are                   
          argued in the Dufresne rejection and how claims 9, 10, and 17               
          are argued in the Pfeiffer rejection (Examiner's Answer,                    
          page 4).  Appellant states that claim 17 is grouped with                    
          claim 9 both in the grouping of claims for the Dufresne                     
          rejection (Brief, page 4) and in the argument (Brief,                       
          page 10).  It is clear that claim 17 is grouped to stand or                 
          fall with claim 9 in the Dufresne rejection.  Appellant also                
          states that claims 10 and 17 are grouped with claim 9 both in               
          the grouping of claims for the Pfeiffer rejection (Brief,                   
          page 4) and in the argument (Brief, pages 13 and 14).  It is                
          clear that claims 10 and 17 are grouped to stand or fall with               
          claim 9 in the Pfeiffer rejection.  The fact that the argument              
          section mentions the limitations of the claims does not affect              
          the claim grouping.  The examiner's confusion with respect to               
          claim 17 in the Dufresne rejection and claims 10 and 17 in the              

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