Appeal No. 95-2050
Application 07/888,098
Claims 28 and 29 fall with the claims from which
they depend because appellants have presented no argument for
separate patentability. 37 CFR § 1.192. Had appellants made
separate arguments, the examiner could have pointed to
portions of Morganstein suggesting the claimed invention.
The rejection of claims 28 and 29 is sustained.
CONCLUSION
The rejection of claims 1-4, 7-18, and 21-29 is
sustained. The rejection of claims 5, 6, 19, and 20 is not
sustained.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
1.136(a).
AFFIRMED-IN-PART
LEE E. BARRETT )
Administrative Patent Judge )
)
)
)
MICHAEL R. FLEMING ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JAMES T. CARMICHAEL )
Administrative Patent Judge )
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