Ex parte MICHELSON - Page 16




          Appeal No. 97-2888                                                          
          Application 08/389,077                                                      


          examiner that the limitation is met by the clamps 18 shown in               
          Heffington, since the clamps disclosed by the reference are                 
          clearly capable of being mounted to a variety of conventional               
          operating tables having different widths and different sized                
          side rails, i.e., side rails having different lengths.                      


               In view of the above, we will sustain the examiner's                   
          rejection of claims 18 and 32.                                              
               Claims 20, 22 and 27 (dependent on claim 18) and claims                
          35, 44, 45 and 46 (dependent directly or indirectly on claim                
          32) have not been separately argued by appellant as required                
          in 37 CFR    § 1.192(c)(8)(1996).  Accordingly, we have                     
          determined that these claims must be treated as standing or                 
          falling with their respective independent claim.  See In re                 
          Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir.                
          1987).  Thus, it follows that the examiner's rejection of                   
          claims 20, 22, 27, 35, 44, 45 and 46 is also affirmed.                      
               We will also sustain the rejection of claim 36 under 35                
          U.S.C. § 103 as being unpatentable over Michelson '943 in view              
          of Heffington and further in view of Michelson '892.                        


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