Appeal No. 95-3592
Application 08/109,203
OPINION
After a careful review of the evidence before us, we
agree with the Examiner that claims 1 through 4, 6 through 10,
17 through 19 and 21 through 23 are anticipated under 35
U.S.C.
§ 102 by Shirato.
At the outset, we note that Appellants have
indicated on page 3 of the brief that the claims stand
separately. However, we note that Appellants have argued the
claims in the briefs as one group. As per 37 CFR §
1.192(c)(5) revised
Oct. 22, 1993 which was controlling at the time of Appellants
filing the brief, it will be presumed that the rejected claims
stand or fall together unless there is a statement otherwise,
and in the appropriate part or parts of the arguments
Appellants
present reasons as to why Appellants consider the rejected
claims to be separately patentable. We note that on pages 7
through 9, Appellants provide a paragraph for each of claims 2
through 4, 6 through 10, 17 through 19 and 21 through 23.
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