Appeal No. 1997-2041
Application No. 08/337,131
positions articulated by appellant and the examiner. As a
consequence of our review, we have made the determinations
which follow.
Appellant has indicated that for purposes of this appeal
the claims will all stand or fall together as a single group
(Brief, page 4). Consistent with this indication, appellant
has made no separate arguments with respect to any of the
claims on appeal. Therefore, all the claims before us will
stand or fall together. Note In re King, 801 F.2d 1324, 1325,
231 USPQ 136, 137 (Fed. Cir. 1986); In re Sernaker, 702 F.2d
989, 991, 217 USPQ 1, 3 (Fed. Cir. 1983). Accordingly, we will
only consider the rejection against independent claim 1 as
representative of all the claims on appeal in keeping with 37
CFR § 1.192(c)(7).
I. The rejection of claims 1-5, 10 and 11 based upon 35
U.S.C. 103(a)
It is our view, after consideration of the record before
us, that the teachings of Hosokawa `872 combined with that of
not only the specific teachings, but also the inferences which one skilled in
the art would reasonably have been expected to draw from the disclosure. See
In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).
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