Appeal No. 1996-3020
Application 08/156,146
37 CFR § 1.192(c)(7) amended March 17, 1995, which was
controlling at the time of Appellants filing the brief,
states:
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 may argue the merits of claims 17, 18, 20 and
21 before the Examiner, noting our decision with respect to
claim 6.
In view of the foregoing, Appellants’ request for
rehearing is granted to the extent that we have in fact
-3-
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007