Ex parte JACKSON - Page 3




                 Appeal No. 1997-3119                                                                                                                   
                 Application No. 08/216,221                                                                                                             


                 the argument presented by appellant appears in the office                                                                              
                 action dated June 28, 1995 and the answer (Paper Nos. 5 and                                                                            
                 16), while the complete statement of appellant’s argument can                                                                          
                 be found in the main and reply briefs (Paper Nos. 15 and 17).                                                                          
                          Appellant indicates (main brief, page 5) that claims 1, 3                                                                     
                 through 6, 8, 12, and 13 do not stand or fall together, but                                                                            
                 fails to individually refer to, address, and distinguish in                                                                            
                 the briefs the content of each claim relative to the applied                                                                           
                 prior art; 37 CFR § 1.192(c)(7) and (c)(8)(iv).  Thus, we                                                                              
                 shall focus exclusively upon the subject matter of independent                                                                         
                 claims 1 and 8, infra, with the dependent claims standing or                                                                           
                 falling with their respective parent claims.                                                                                           
                                                                     OPINION                                                                            
                          In reaching our conclusion on the obviousness issues                                                                          
                 raised in this appeal, this panel of the board has carefully                                                                           
                 considered appellant’s specification and claims, the applied                                                                           
                 patents,  and the respective viewpoints of appellant and the2                                                                                                                       

                          2In our evaluation of the applied references, we have                                                                         
                 considered all of the disclosure of each patent for what it                                                                            
                 would have fairly taught one of ordinary skill in the art.                                                                             
                 See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA                                                                              
                 1966). Additionally, this panel of the board has taken into                                                                            
                 account not only the specific teachings, but also the                                                                                  
                                                                           3                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007