Appeal No. 1996-1309
Application 08/053,174
For each ground of rejection which
appellant contests and which applies to a
group of two or more claims, the Board
shall select a single claim from the group
and shall decide the appeal as to the
ground of rejection on the basis of that
claim alone unless a statement is included
that the claims of the group do not stand
or fall together and, in the argument under
paragraph (c)(8) of this section, appellant
explains why the claims of the group are
believed to be separately patentable.
Merely pointing out differences in what the
claims cover is not an argument as to why
the claims are separately patentable.
Appellants have provided a statement that the claims stand or
fall together. We will, thereby, consider the Appellants'
claims as standing or falling together as a group.
On page 8 of the brief, Appellants argue that
nowhere within Samoto is there the slightest suggestion of the
relation-
ship between lift generated within a data storage region and
the lift generated in the idle region in the manner which is
expressly set forth within claims 21 through 23. We have
shown above that Kato teaches all the structure as recited in
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