Appeal No. 1997-4061
Application 08/469,498
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 appel-
lant 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 para-
graph (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 Appellants' claims 13
through 15 and 18 through 20 as a single group as standing or
falling together and we will treat claim 13 as a representa-
tive claim of that group. In addition, we will consider
Appellants' claim 16 separately.
On pages 3 and 4 of the Examiner's answer, the
Examiner argues that Clarke discloses all the features of
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