Ex parte WILKINSON et al. - Page 5




                 Appeal No. 96-2715                                                                                                                     
                 Application 08/359,673                                                                                                                 



                 set forth in claims 2, 3, 6-10, 24 and 25.  Accordingly, we                                                                            
                 reverse.                                                                                                                               


                 Appellants have indicated that for purposes of this                                                                                    
                 appeal the claims will stand or fall together in the following                                                                         
                 two groups: Group I has claims 24, 25, 2, 3 and 8-10 , and                                   2                                         
                 Group II has claims 6 and 7 [brief, page 3].  Consistent with                                                                          
                 this indication appellants have made no separate arguments                                                                             
                 with respect to any of the claims within each group.                                                                                   
                 Accordingly, all the claims within each group will stand or                                                                            
                 fall together.  Note In re King, 801 F.2d 1324, 1325, 231 USPQ                                                                         
                 136, 137 (Fed. Cir. 1986); In re Sernaker, 702 F.2d 989, 991,                                                                          
                 217 USPQ 1, 3 (Fed. Cir. 1983).  Accordingly, we will only                                                                             
                 consider the rejection against claims 24 and 6 as                                                                                      
                 representative of all the claims on appeal.                                                                                            
                 We consider first the rejection of independent claim                                                                                   
                 24 as unpatentable over the teachings of Abe and Bourdier.  In                                                                         

                          2Although the rejection of claim 10 relies on an                                                                              
                 additional reference than the other claims, appellants make no                                                                         
                 arguments with respect to the separate rejection of claim 10.                                                                          
                 Therefore, our discussion of claim 24 will dispose of claim 10                                                                         
                 as well.                                                                                                                               
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