Ex parte EISELE - Page 3




          Appeal No. 97-0210                                                          
          Application No. 08/157,050                                                  


               Claim 11 stands rejected under 35 U.S.C. § 102(b) as                   
          being anticipated by Demeter or Viandon.                                    
               Claims 12 through 24 stand rejected under 35 U.S.C. § 103              
          as being unpatentable over Demeter.                                         
               Reference is made to the Examiner's Answer (Paper No. 13,              
          mailed February 7, 1996) for the examiner's complete reasoning              
          in support of the rejections, and to the appellant's Brief and              
          Supplemental Brief (Paper Nos. 12 and 17, filed November 8,                 
          1995 and April 7, 1999, respectively) and Reply Brief (Paper                
          No. 14, filed April 2, 1996) for the appellant's arguments                  
          thereagainst.                                                               
                                       OPINION                                        
               As a preliminary matter, we note that appellant indicates              
          on page 4 of the Brief and page 2 of the Reply Brief that the               
          claims do not stand or fall together but rather fall into                   
          three groups, (1) claim 1, (2) claims 2 through 21, 23, and                 
          24, and (3) claim 22.  Appellant's arguments are consistent                 
          with this grouping except as to claims 23 and 24, which do not              
          include the limitation argued for group 2.  As appellant has                
          not separately argued the limitations of claims 23 and 24, we               
          will treat them as standing or falling with claim 1.                        
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