Appeal No. 1997-1319
Application 08/290,227
rationale in support of the rejections and arguments in
rebuttal set forth in the examiner’s answer.
It is our view, after consideration of the record
before us, that the evidence relied upon and the level of
skill in the particular art does not support the rejection of
the claims as formulated by the examiner. Accordingly, we
reverse.
Appellants have indicated that for purposes of this
appeal the claims will all stand or fall together as a single
group [brief, page 4]. Consistent with this indication
appellants have made no substantial separate arguments with
respect to any of the claims on appeal. Accordingly, all the
claims before us will stand or fall together. Note In re
King, 801 F.2d 1324, 1325, 231 USPQ 136, 137 (Fed. Cir. 1986);
In re Sernaker, 702 F.2d 989, 991, 217 USPQ 1, 3 (Fed. Cir.
1983). Therefore, we will consider the rejection against
independent claim 26 as representative of all the claims on
appeal.
In rejecting claims under 35 U.S.C. § 103, it is
incumbent upon the examiner to establish a factual basis to
support the legal conclusion of obviousness. See In re Fine,
4
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