Appeal No. 96-2661
Application 08/177,975
group in the briefs. 37 CFR § 1.192(c)(7) (July 1, 1995) as
amended at
60 Fed. Reg. 14518 (March 17, 1995), which was controlling at
the time of Appellants' filing the brief, states:
For each ground of rejection which appel-
lant 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 para-
graph (c)(8) of this section, appellant
explains why the claims of the group are
believed to be separately
patentable. Merely pointing out differ-
ences in what the claims cover is not an
argument as to why the claims are sepa-
rately patentable.
Appellants have argued claims 17 through 19 as a single group.
We will, thereby, consider the Appellants' claims as standing
or
falling together and we will treat claim 17 as a representa-
tive claim of that group.
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