Ex parte SALM - Page 3




                Appeal No. 95-2205                                                                                                            
                Application 07/750,807                                                                                                        





                         Rather than repeat the arguments of Appellant or the                                                                 
                Examiner, we make reference to the brief and the answers  for the                             2                               
                respective details thereof.                                                                                                   
                                                                 OPINION                                                                      
                         After a careful review of the evidence before us, we agree                                                           
                with the Examiner that claims 1, 4 through 7, 9, 10, 21 through                                                               
                24 and 26 through 30, are anticipated under 35 U.S.C. § 102 by                                                                
                the IBM Guide.                                                                                                                
                         At the outset, we note that Appellant has indicated on page                                                          
                3 of the brief that claims 1, 4 through 7, 9, 10, 24, 26 and 27                                                               
                are grouped together.  We further note that Appellant has argued                                                              
                these claims as one group.  Appellant also has indicated on the                                                               
                same page that claims 21 through 23 and 28 through 30 are grouped                                                             
                together.  We further note that Appellant has argued these claims                                                             
                as one group.  As per 37 CFR § 1.192(c)(5) revised Oct. 22, 1993                                                              
                which was controlling at the time of Appellant's filing the                                                                   
                brief, it will be presumed that the rejected claims stand or fall                                                             

                         2The Examiner responded to the brief with an Examiner's                                                              
                answer, mailed February 1, 1995.  We will refer to the Examiner's                                                             
                answer as simply the answer.  The Examiner mailed a supplemental                                                              
                Examiner's answer on July 24, 1996.  The supplemental Examiner's                                                              
                answer withdraws the 35 U.S.C. § 101 rejection.                                                                               
                                                                      3                                                                       





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