Appeal No. 96-4083
Application 08/268,039
Rather than repeat the arguments of Appellants or
the Examiner, we make reference to the brief and the answer
for the respective details thereof.
OPINION
After careful review of the evidence before us, we
agree with the Examiner that claims 33 through 42 are
anticipated under 35 U.S.C. § 102 by Suzuki. In addition, we
agree with the Examiner that claims 5, 15 through 20 and 45
through 47 are unpatentable under 35 U.S.C. § 103 over Fenner
and Suzuki.
At the outset, we note that Appellants have
indicated on page 5 of the brief that claim 5 should stand
alone in this appeal. Also, we note that the Appellants have
indicated on page 6 that claims 33 through 42 on appeal should
all stand or fall together and that claims 15 through 20 and
45 through 47 on appeal should all stand or fall together.
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:
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