Appeal No. 96-1841
Application 08/101,324
We refer to Final Rejection (Paper No. 9) (pages
referred to as "FR__") and the Examiner's Answer (Paper
No. 16) (pages referred to as "EA__") for a statement of the
examiner's position and to the Substitute Appeal Brief
received August 30, 1995, (Paper No. 15) (pages referred to
as "Br__") for a statement of appellant's position.
OPINION
Claims 1-6 and 8-16 are argued to stand or fall
together. Accordingly, the claims stand or fall together
with claim 1. In the examiner's statement that "Appellant's
brief includes a statement that claims 1-6 and 8-16 stand or
fall together and provides reasons as set forth in 37 C.F.R.
§ 1.192(c)(5) and (c)(6)," (emphasis added) (EA2), the
underlined portion should have been omitted since it applies
only when appellant desires to argue the claims separately.
We note, however, that there appears to be no form paragraph
in the Manual of Patent Examining Procedure § 1208 which
covers the situation where the claims are argued to stand or
fall together.
The level of ordinary skill is not argued, so we find
the patents to Smith and Kuijk '748, applied in the
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