Appeal No. 97-1037
Application 08/467,869
The following rejections are before us for review.
Claims 1 through 3, and 5 stand rejected under
35 U.S.C. § 103 as being unpatentable over Niwa in view of the
British document.
Claims 1 through 5 stand rejected under 35 U.S.C. § 103
as being unpatentable over the PCT document in view of Niwa.
The full text of the examiner's rejections and response
to the argument presented by appellant appears in the answer
(Paper No. 21), while the complete statement of appellant’s
argument can be found in the main and reply briefs (Paper
Nos. 20, 22 and 25).
In the main brief (page 4), appellant indicates that
claims 1, 2, and 4 may be considered together, while claims 3
and 5 are not to be considered with claims 1, 2, and 4. Pursuant
to 37 CFR § 1.192(c)(7), we select claims 1 and 5 for review from
appellant’s respective groupings of claims. Accordingly, based
upon our selection of claims 1 and 5 and appellant’s stated claim
groupings, as to the rejection of claims 1 through 3 and 5,
3
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