Appeal No. 97-0320 Application No. 08/096,261 unpatentable over Müller in view of Mizuno is sustained. With respect to claim 3, Appellant has indicated (Brief, page 7) that claims 1 and 3 do not stand and fall together. We note, however, that Appellant's arguments with regard to claim 3 are directed to the same claim limitations as appear in claim 1. Since we have previously determined that the arguments with respect to claim 1 are not persuasive of error by the Examiner, and since Appellant makes no additional arguments with respect to claim 3, we also sustain the rejection of claim 3 under U.S.C. § 103. For all of the above reasons, the decision of the Examiner rejecting claims 1 and 3 under 35 U.S.C. § 103 is affirmed. 13Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007