Appeal No. 1999-0313 Page 12
Application No. 08/918,089
For the reasons stated above, the decision of the
examiner to reject claim 49 under 35 U.S.C. § 103 is affirmed.
Claims 30 to 43, 45 to 48 and 50 to 53
As set forth previously, the appellants have grouped
claims 29 to 43 and 45 to 48 as standing or falling together
and has grouped claims 49 to 53 as standing or falling
together. Thereby, in view of the affirmance of the rejection
of claims 29 and 49 above, claims 30 to 43, 45 to 48 and 50 to
53 fall with claims 29 and 49. Thus, it follows that the
decision of the examiner to reject claims 30 to 43, 45 to 48
and 50 to 53 under 35 U.S.C. § 103 is also affirmed.
Claim 54
We will not sustain the rejection of claim 54 under
35 U.S.C. § 103.
We agree with the appellants' argument (brief, pp. 8-9)
that the applied prior art does not suggest the claimed
subject matter of claim 54 (i.e., the auger clause of claim
54).
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