Appeal No. 97-1890
Application 08/338,707
Claims 1 through 5 stand rejected under 35 U.S.C. § 103
as being unpatentable over Francisco and Kapp.
Rather than repeat the arguments of Appellants or the
Examiner, we make reference to the brief and the answer for
the details thereof.
OPINION
After a careful review of the evidence before us, we
agree with the Examiner that claims 1 through 3 are properly
rejected under 35 U.S.C. § 103. Thus, we will sustain the
rejection of these claims but we will reverse the rejection of
the remaining claims on appeal for the reasons set forth
infra.
At the outset, we note that Appellants state on page 4 of
the brief that claims 1 through 3 stand or fall together and
claims 4 through 5 stand or fall together. We note that
Appellants argue each of these groups of claims as a single
group in the brief. 37 CFR § 1.192 (c)(7)(July 1, 1996) as
amended at 60 Fed. Reg. 14518 (March 17, 1995), which was
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