Ex parte BAKER et al. - Page 13




          Appeal No. 95-1682                                                          
          Application 07/853,459                                                      



                    the rejection is based upon a combination                         
                    of references, the argument shall explain                         
                    why the references, taken as a whole, do                          
                    not suggest the claimed subject matter, and                       
                    shall include, as may be appropriate, an                          
                    explanation of why features disclosed in                          
                    one reference may not properly be combined                        
                    with features disclosed in another refer-                         
                    ence.  A general argument that all the                            
                    limitations are not described in a single                         
                    reference does not satisfy the requirements                       
                    of this paragraph.                                                
          Thus, 37 CFR § 1.192 provides that this board is not under any              
          greater burden than the court which is not under any burden to              
          raise and/or consider such issues.                                          
                    In view of the foregoing, the decision of the Exam-               
          iner rejecting claims 4, 8, 13, 16 and 20 through 22 under 35               
          U.S.C.  § 103 is affirmed; however, the decision of the Exam-               
          iner rejecting claims 6, 9, 18 and 19 under 35 U.S.C. § 103 is              
          reversed.                                                                   
                    No time period for taking any subsequent action in                
          con- nection with this appeal may be extended under 37 CFR                  
          § 1.136(a).             AFFIRMED-IN-PART                                    






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