Appeal No. 95-2600 Application 07/990,458 The main brief separately argues claims 1, 4, 8, 11, 12, 15, and 16. As to claims 2, 5, 6, 7, 9, appellant argues that the combinations of references do not teach the limitations of claim 1, which does not constitute an argument why these claims are separately patentable. Claims 3, 10, 13, and 14 are not argued. Accordingly, the claims that are separately argued are claims 1, 4, 8, 11, 12, 15, and 16. Claims dependent upon these claims stand or fall therewith. See 37 CFR § 1.192(c)(5)(1994) ("it will be presumed that the rejected claims stand or fall together unless a statement is included that the rejected claims do not stand or fall together, and in the appropriate part or parts of the argument under subparagraph (c)(6) appellant presents reasons as to why appellant considers the rejected claims to be separately patentable" (emphasis added)). Reply Brief In the main appeal brief, appellant did not argue the separate patentability of claims 2, 3, 5-7, 9, 10, 13, and 14. In the reply brief, appellant (through different counsel) now argues the merits of claim 2 (Reply to Section 9.3, Reply Brief, pages 5-6), claim 7 (Reply Brief, pages 13-14), claim 9 (Reply Brief, pages 7-9), claims 10 and 13 (Reply Brief, pages 10-12). These arguments presented for the first time in the reply brief - 4 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007