Appeal No. 95-2312
Application No. 07/897,870
feature of independent claims 52 and 53. We agree with the
appellant, however, that these references contain no teaching,
suggestion or incentive for somehow combining the disparate
teachings thereof in such a manner as to result in the subject
matter defined by the aforementioned independent claims, and
again the examiner has provided us with essentially no
explanation as to how and why an ordinarily skilled artisan
would have combined these reference teachings to thereby
result in subject matter corresponding to that defined by the
claims under consideration.
SUMMARY
For the above stated reasons, we have sustained the
examiner’s rejection of claims 1, 3, 5, 10-16, 19-24, 26-29,
32-36, 38, 39, 42, 43, 46, 47 and 49-51 but not his rejection
of claims 6-8, 18, 31, 45, 48 and 52-54 . 3
3In accordance with 37 CFR § 1.192(c)(1993) and the
appellant’s previously discussed request on page 11 of the
Reply Brief, we have considered dependent claims 6-8
separately but have considered the other nonargued dependent
claims on appeal to stand or fall with the claims from which
they depend. Although our consequent treatment of the argued
versus nonargued dependent claims is entirely appropriate from
a procedural perspective, this treatment may have produced an
inconsistent disposition of certain dependent claims.
(continued...)
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