Appeal No. 1997-1636 Page 5
Application No. 08/204,996
toto, we refer the reader to the brief and answer for the
respective details thereof.
OPINION
In reaching our decision in this appeal, we considered
the subject matter on appeal and the rejections and evidence
advanced by the examiner. Furthermore, we duly considered the
arguments of the appellants and examiner. After considering
the totality of the record, we are not persuaded that the
examiner erred in rejecting claims 1-13. We are persuaded,
however, that the examiner erred in rejecting claim 14.
Accordingly, we affirm-in-part. Our opinion addresses the
grouping and obviousness of the claims.
Grouping of the Claims
37 C.F.R. § 1.192(c)(7), as amended at 60 Fed. Reg. 14518
(Mar. 17, 1995), was controlling when the appeal brief was
filed. Section 1.192(c)(7) stated as follows.
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
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007