Ex parte CHEN et al. - Page 4




                 Appeal No. 98-1640                                                                                                                     
                 Application 08/535,850                                                                                                                 


                          In the main brief (page 6), appellants indicate that                                                                          
                 claims 1, 11 through 17, and 19 stand or fall together.                                                                                
                 Accordingly, we select claim 11, the broadest independent                                                                              
                 claim, for review, consistent with 37 CFR § 1.192(c)(7).                                                                               
                 However, since appellants make reference to claim 1 in their                                                                           
                 argument, we shall also address the argued aspects of claim 1.                                                                         
                 Claims 12 through 17, and 19 will stand or fall with claim 11.                                                                         


                                                                     OPINION                                                                            


                          In reaching our conclusion on the obviousness issue                                                                           
                 raised in this appeal, this panel of the board has carefully                                                                           
                 considered appellants’ specification and claims 1 and 11, the                                                                          
                 applied patent  and the respective viewpoints of appellants2                                                                                                             
                 and the examiner.  As a consequence of our review, we make the                                                                         

                          2In our evaluation of the applied patent, we have                                                                             
                 considered all of the disclosure thereof for what it would                                                                             
                 have fairly taught one of ordinary skill in the art.  See In                                                                           
                 re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                                                                              
                 Additionally, this panel of the board has taken into account                                                                           
                 not only the specific teachings, but also the inferences which                                                                         
                 one skilled in the art would reasonably have been expected to                                                                          
                 draw from the disclosure.  See In re Preda 401 F.2d 825, 826,                                                                          
                 159 USPQ 342, 344 (CCPA 1968).                                                                                                         

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