Ex Parte COOK - Page 3




          Appeal No. 97-3195                                                          
          Application 08/387,419                                                      



               Claims 4 through 6 and 11 through 17 stand rejected under 35           
          U.S.C. § 103(a) as being unpatentable over Sanders in view of               
          Griffin.                                                                    


               The full text of the examiner's rejections and response to             
          the argument presented by appellant appears in the answer (Paper            
          No. 17), while the complete statement of appellant’s argument can           
          be found in the main and reply briefs (Paper Nos. 16 and 19).2              


               In the “GROUPING OF THE CLAIMS” section of the main brief              
          (page 11), appellant indicates that the rejected claims do not              
          stand or fall together.  Independent claim 1 is separately                  
          argued. However, as to independent claims 4 and 11, they                    
          are argued together.  Thus, in accordance with 37 CFR §                     
          1.192(c)(7), we select claim 4 for review, and claim 11 shall               
          stand or fall therewith.  In the argument section of the brief,             
          the content of each of the dependent claims before us is                    

               2 We find that the arguments advanced in the main and reply            
          briefs lack conformance with 37 CFR § 1.192(c)(8)(iii) and (iv).            
          For example, the arguments advanced do not comply with the                  
          requirement that specific limitations in the claims should be               
          referenced which are not described in the prior art relied upon             
          in the rejection.                                                           
                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007