Ex parte CHEN et al. - Page 6




          Appeal No. 1997-2898                                                        
          Application 08/368,239                                                      



          Group F containing claim 18 is not considered in this appeal                
          as the Examiner has withdrawn the rejection thereof.  37 CFR               
          1.192(c)(7) (July 1, 1995) as amended at 60 Fed. Reg. 14518                 
          (March 17, 1995), which was controlling at the time of                      
          Appellants' filing the brief, states:                                       
                    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.                             

          Appellants have argued separately the claims in the following               
          groups:                                                                     
               Group A - Claims 1-3, 5, 7, 9-11, 13, 15, and 21-25;                   
               Group B - Claims 4 and 12;                                             
               Group C - Claims 6 and 14;                                             
               Group D - Claims 8 and 16;                                             
               Group E - Claims 17, 19, and 20.                                       




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