Appeal No. 1997-3148
Application 08/408,088
claims as a single group in the brief. 37 CFR § 1.192(c)(7)
(July 1, 1995) as amended at 60 Fed. Reg. 14518 (March 17,
1995), which was controlling at the time of Appellants' filing
the brief, states:
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 unless a statement is included
that the claims of the group do not stand
or fall together and, in the argument under
paragraph (c)(8) of this section, appellant
explains why the claims of the group are
believed to be separately patentable.
Merely pointing out differences in what the
claims cover is not an argument as to why
the claims are separately patentable.
We will, thereby, consider the Appellants' claims as standing
or falling together and we will treat claim 16 as a
representative claim of that group.
Claims 12, 13, and 16 through 19 stand rejected
under 35 U.S.C. § 102 as being anticipated by Hoeberechts.
It is
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