Appeal No. 95-4187
Application 07/835,374
At the outset, we note that Appellants have
indicated on page 3 of the brief that claims 1, 3-8, 11, 14-17
and 22-25 cannot be grouped together. We note that Appellants
have argued claims 7, 8, 11, 14 through 17 and 23 through 25
separately. However, we note that Appellants have not argued
claims 1, 3 through 6 and 22 separately as per 37 CFR §
1.192(c)(5) revised Oct. 22, 1993 which was controlling at the
time of Appellants filing the brief. 37 CFR § 1.192(c)(5)
amended October 22, 1993 states:
For each ground of rejection which
appellant contests and which applies to
more than one claim, 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) of this section appel-lant presents
reasons as to why appellant considers the
rejected claims to be separately
patentable.
As per 37 CFR § 1.192(c)(5), which was controlling at the time
of Appellants filing the brief, we will, thereby, consider
Appel- lants' claims 1, 3 through 6 and 22 to stand or fall
together, with claim 1 being considered the representative
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