Ex parte DRAGO et al. - Page 3




          Appeal No. 98-0358                                                          
          Application 08/660,719                                                      


          the argument presented by appellants appears in the answer                  
          (Paper No. 7), while the complete statement of appellants’                  
          argument can be found in the main and reply briefs (Paper Nos.              
          6 and 8).                                                                   





               According to appellants (main brief, page 2), claims 4                 
          and 5 do not stand or fall with claims 1 through 3 or each                  
          other.  In                                                                  
          light of the above and the comments in the reply brief, claims              
          1 through 3 stand or fall with one another, and each of claims              
          4 and 5 are to be separately considered.  We select claim 1                 
          for review on appeal from the grouping of claims 1 through 3,               
          claims 2 and 3 standing or falling therewith; 37 CFR                        
          1.192(c)(7). Accordingly, in our analysis, infra, we focus our              
          attention upon claims 1, 4, and 5.                                          

                                       OPINION                                        

               In reaching our conclusion on the obviousness issue                    
          raised in this appeal, this panel of the board has carefully                

                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007