Ex parte KOGA - Page 5




          Appeal No. 95-5053                                                          
          Application 08/048,188                                                      

          Brief (Paper No. 13) (pages referred to as "Br__") for a                    
          statement of appellant's arguments thereagainst.                            
                                       OPINION                                        
               Appellant states that the claims do not stand or fall                  
          together (Br6).  However, appellant does not separately argue               
          the patentability of the dependent claims as required for                   
          claims to be treated as not standing or falling together.  See              
          37 CFR § 1.192(c)(5) (1994) ("[I]t will be presumed that the                
          rejected claims stand or fall together unless a statement is                
          included that the rejected claims do not stand or fall                      
          together, and in the appropriate part or parts of the argument              
          under subparagraph (c)(6) of this section appellant presents                
          reasons as to why appellant considers the rejected claims to                
          be separately patentable" (emphasis added)).  The claims will               
          be presumed to stand or fall together with representative                   
          independent claim 1.                                                        
               Gillig teaches a cordless/cellular telephone                           
          corresponding to the prior art discussed in the specification               
          at Section 2.1.  Gillig discloses that "[i]n the U.S.A., the                
          cordless radio channels are in the frequency band from 46-49                
          mHz and the cellular radio channels are in the frequency band               

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