Ex parte TATE et al. - Page 3




                 Appeal No. 96-3032                                                                                                                     
                 Application No. 08/321,392                                                                                                             


                          Claims 2-4, 8, 10-12, 18 and 19 stand rejected under 35                                                                       
                 U.S.C. § 103 as being unpatentable over Murray in view of                                                                              
                 Taylor.3                                                                                                                               
                          Claims 2-4, 7, 10-12, 15, 18, 19 and 22 stand rejected                                                                        
                 under 35 U.S.C. § 103 as being unpatentable over Murray in                                                                             
                 view of Tannenbaum.                                                                                                                    
                          The arguments of the appellants and examiner in support                                                                       
                 of their respective positions may be found on pages 16-42 of                                                                           
                 the brief and pages 6 and 7 of the answer.                                                                                             


                                                                     OPINION                                                                            
                          At the outset we note that the appellants have not                                                                            
                 separately argued the patentability of dependent claims 3, 4,                                                                          
                 8, 11, 12 and 19 with any reasonable degree of specificity.                                                                            
                 Accordingly, these claims fall with the claims from which they                                                                         
                 depend.  In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525,                                                                            
                 1528 (Fed. Cir. 1987) and In re Schrader, 22 F.3d 290, 292                                                                             
                 n.3, 30 USPQ2d 1455, 1456 n.3 (Fed. Cir. 1994).  Note also                                                                             


                          3Although claim 9 has been included in this rejection on                                                                      
                 page 4 of the answer, we note that this claim has been                                                                                 
                 canceled (see Paper No. 9).                                                                                                            
                                                                           3                                                                            





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