Appeal No. 98-0194 Page 22
Application No. 08/132,940
by the applied prior art, we cannot sustain the examiner's
rejection of appealed claims 9 and 14, or claims 10 through 12
and 15 through 17 which depend therefrom, under 35 U.S.C. §
103.
Claims 2 through 8
The appellant has grouped claims 1 through 8 as standing
or falling together. Thereby, in accordance with 37 CFR5
§ 1.192(c)(7), dependent claims 2 through 8 fall with
independent claim 1. Thus, it follows that the examiner's
rejection of claims 2 through 8 under 35 U.S.C. § 103 is also
sustained.
New ground of rejection
Under the provisions of 37 CFR § 1.196(b), we enter the
following new ground of rejection.
Claim 8 is rejected under 35 U.S.C. § 112, first and
second paragraphs, for the reasons set forth below.
5See pages 8-9 of the appellant's brief.
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