Ex parte GRIFFITH - Page 15




                 Appeal No. 97-1810                                                                                      Page 15                        
                 Application No. 08/321,262                                                                                                             


                          The appellant has grouped claims 23, 26 and 28 through 30                                                                     
                 as standing or falling together.   Thereby, in accordance with7                                                                            
                 37 CFR § 1.192(c)(7), claims 26 and 28 through 30 fall with                                                                            
                 claim 23.  Thus, it follows that the decision of the examiner                                                                          
                 to reject claims 26 and 28 through 30 under 35 U.S.C. § 103 is                                                                         
                 also affirmed.                                                                                                                         


                 Claim 27                                                                                                                               
                          Dependent claim 24 adds to parent claim 26 the limitation                                                                     
                 that the means for sealing includes a flexible material                                                                                
                 extending across the opening and attached with an adhesive for                                                                         
                 one-time removal.                                                                                                                      


                          The appellant argues (brief, pp. 4 and 6) that the                                                                            
                 combination plainly fails to meet or suggest this limitation.                                                                          
                 As pointed out in the reply brief (p. 1), the examiner has not                                                                         
                 responded to this argument.                                                                                                            






                          7See page 3 of appellants' brief.                                                                                             







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