Appeal No. 1997-1801
Application 08/351,162
groups as follows (Brief, p. 4):
Group I: claims 1-7 and 10-14;
Group II: claim 8; and
Group III: claim 9.
Notwithstanding their statement with respect to separate patentability, applicants specifically address only
the following claims:
Claim 1 (Brief, pp. 18-20),
Claims 13 and 14 (Brief, pp. 4-14);
Claim 8 (Brief, pp. 20-21); and
Claim 9 (Brief, pp. 20-21).
Section 1.192(c)(7) of 37 CFR provides:
(7) Grouping of claims. For each ground of rejection which appellant
contests and which applies to a group of two or more claims, the Board shall
select a single claim from the group and shall decide the appeal as to the ground
of rejection on the basis of that claim alone unless a statement is included that the
claims of the group do not stand or fall together and, in the argument under
paragraph (c)(8) of this section, appellant explains why the claims of the group are
believed to be separately patentable. Merely pointing out differences in what the
claims cover is not an argument as to why the claims are separately patentable.
Accordingly, we select claim 1 as representative of claims 1-7 and 10-12, claim 13 as representative of
claims 13 and 14 and separately treat claims 8 and 9. We reproduce these representative claims below:
1. A process for producing a color toner or developer composition,
comprising grinding a mixture of pellets of at least one color toner material and
pellets of at least one other color toner material to form a final powdered color
3
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