Appeal No. 1999-2029 Page 15
Application No. 08/431,360
Claims 8 to 15 and 17 to 20
The decision of the examiner to reject claims 8 to 15 and
17 to 20 under 35 U.S.C. § 103 is also affirmed since the
appellants have not challenged the rejection of these claims
with any reasonable specificity, thereby allowing claims 8 to
15 and 17 to 20 to fall with claims 7 and 16 (see In re
Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir.
1987).3
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 through 6 under 35 U.S.C. § 103 is reversed and the
decision of the examiner to reject claims 7 through 20 under
35 U.S.C. § 103 is affirmed.
337 CFR § 1.192(c)(7) states that "[m]erely pointing out
differences in what the claims cover is not an argument as to
why the claims are separately patentable."
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