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as the Examiner has withdrawn the rejection thereof. 37 CFR §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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