Appeal No. 96-4083
Application 08/268,039
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 have provided a statement that claim 5 stands
alone. Appellants have also provided a statement that claims
33 through 42 stand or fall together as one group and claims
15 through 20 and 45 through 47 stand or fall together as one
group. We will, thereby, consider the Appellants' claims as
standing or falling together in regard to these two groups.
Thereby, we will treat claim 33 as a representative claim of
the group of claims 33 through 42 and we will treat claim 15
as a representative claim of the group of claims 15 through 20
and 45 through 47.
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