Appeal No. 98-2123
Application No. 08/326,669
reference teach what the appellant is claiming, but only that
the claims on appeal "read on" something disclosed in the
reference (see Kalman v. Kimberly-Clark Corp., 713 F.2d 760,
772, 218 USPQ 781, 789 (Fed. Cir. 1983)).
Rejection (1):
With respect to this rejection the appellants on page 6
of the brief state that (a) claims 1 and 2 stand or fall
together as a first group, (b) claims 3, 4, 8 and 9 stand or
fall together as a second group, (c) claims 13-15, 18-20, 22
and 27-29 stand or fall together as a third group and (d)
claims 10, 11, 16, 21, 23, 30 and 32 each stand or fall alone.
Accordingly, (a) claim 2 will stand or fall with
representative claim 1, (b) claims 4, 8 and 9 will stand or
fall with representative claim 3, (c) claims 14, 15, 18-20, 22
and 27-29 will stand or fall with representative claim 13 and
(d) claims 10, 11, 16, 21, 23, 30 and 32 will each stand or
fall alone. See 37 CFR § 1.192(c)(7).
Considering first the rejection of claims 1-4, 8-11, 13-
16, 18-22 and 27-30, the examiner has taken the position that
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