Appeal No. 96-0809
Application 08/197,677
appeal the claims will stand or fall together in the following
three groups: Group I has claims 1-5 and 15, Group II has
claims 6-9, and Group III has claims 10-13. Consistent with
this indication appellants have made no separate arguments
with respect to any of the claims within each group.
Accordingly, all the claims within each group will stand or
fall together. Note In re King, 801 F.2d 1324, 1325, 231 USPQ
136, 137 (Fed. Cir. 1986); In re Sernaker, 702 F.2d 989, 991,
217 USPQ 1, 3 (Fed. Cir. 1983). Accordingly, we will consider
independent claims 1, 6 and 10 as the representative claims
with respect to each of the rejections on appeal.
1. The rejection of claims 1-3, 5/1,
5/2, 5/3, 6-13 and 15 under 35 U.S.C.
§ 102(b) as anticipated by Miller.
Anticipation is established only when a single prior
art reference discloses, expressly or under the principles of
inherency, each and every element of a claimed invention as
well as disclosing structure which is capable of performing
the recited functional limitations. RCA Corp. v. Applied
Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L.
6
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