Appeal No. 98-2417
Application 08/570,894
atmosphere exterior to said apparatus."
Regarding dependent claims 3 through 9, we note that
appellant has indicated on page 7 of the brief that the claims
on appeal "do not stand or fall together," however, we find no
separate arguments in the brief addressing the limitations of
claims 3 through 9. Accordingly, under 37 CFR § 1.192(c)(7)
and (c)(8)(iii), we conclude that these claims in fact stand
or fall with claims 1 and 2 from which they depend. Moreover,
since we agree with the examiner that the elements of the
apparatus set forth in claims 3 through 9 on appeal are found
in the container of Rudick Figure 1, and appellant has not
argued otherwise, it follows that we would sustain the
rejection of these claims under 35 U.S.C. § 102(b) in any
event.
Claim 10 on appeal sets forth that the rupturing or
breaking means for permitting selective access to the first
enclosure and opening of the liquid dispensing opening
"comprises a pull tab," with the pull tab being pivotably
secured to the planar flange of the second compartment that
8
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