Ex parte WEISS - Page 5




          Appeal No. 1997-1117                                                        
          Application No. 08/300,703                                                  


          rationale in support of the rejections and arguments in                     
          rebuttal set forth in the Examiner’s Answer.                                
               It is our view, after consideration of the record before               
          us, that the evidence relied upon and the level of skill in                 
          the particular art would have suggested to one of ordinary                  
          skill in the art the obviousness of the invention as set forth              
          in claims 1-9, 12, 15-29, 32, 33, and 35-37.  We reach the                  
          opposite conclusion with respect to claims 30 and 31.                       
          Accordingly, we affirm-in-part.                                             
               Appellant has indicated (Brief, page 4) that, for the                  
          purposes of this appeal, the claims will stand or fall                      
          together in the following groups: Group I (claims 1-9, 12, and              
          15-26), Group II (claims 27-29 and 32), Group III (claims 30                
          and 31), Group IV (claims 33, 35, and 36) and Group V (Claim                
          37).  Consistent with this indication, Appellant has made no                
          separate arguments with respect to any of the claims within                 
          each group.  Accordingly, we will consider the claims                       
          separately only to the extent that separate arguments are of                
          record in this appeal.  Dependent claims 2-9, 12, 15-26, 28,                
          29, 32, 35, and 36 have not been argued separately and,                     
          accordingly, will stand or fall with their base claim.                      
                                          5                                           





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