Ex parte VINCIARELLI - Page 4




                 Appeal No. 1994-3610                                                                                                               
                 Application 07/805,474                                                                                                             



                          Rather than reiterate the arguments of the appellant and the examiner, reference is made to the                           

                 Appeal Brief, the Reply Brief and the Examiner’s Answer for the respective details thereof.                                        



                                                                    OPINION                                                                         

                          As a preliminary matter, the appellant states that the claims should be considered as six                                 

                 separate groupings.  [See Appeal Brief, pages 7-8.]  We concur with this six grouping arrangement.                                 

                 The first claim grouping consists of claims 1-2, 11, 14-19, 26-31, 33-34, 37-38  and 41-43.  The                                   

                 second claim grouping consists of claim 3.  The third claim grouping consists of claims 4, 9-10 and 12-                            

                 13.  The fourth claim grouping consists of claims 5-8.  The fifth claim grouping consists of claim 39.                             

                 The sixth claim grouping consists of claims 20-23 and 40.   Accordingly, with respect to patentability,9                                                               

                 all of the claims in each of these six claim groupings stand or fall together.  [See 37 C.F.R. §                                   

                 1.192(c)(5) and M.P.E.P. § 1206.]                                                                                                  

                          We have carefully reviewed the positions of the appellant and the examiner, and have                                      

                 conducted a thorough study of the references relied on by the examiner in formulating the rejections.                              

                 As a result of this review, we reverse the rejections of claims 1-23, 26-31, 33-34     and 37-43.                                  

                 Accordingly, we reverse.                                                                                                           



                          9This sixth claim grouping was modified from its original composition by the deletion of claim 24,                        
                 since it has been subsequently allowed by the examiner.  [See Reply Brief, page 7.]                                                
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