Appeal No. 1998-0072
Application No. 08/476,786
OPINION
We have carefully considered the subject matter on
appeal, the rejection advanced by the examiner and the
evidence of obviousness relied upon by the examiner as support
for the rejection. We have, likewise, reviewed and taken into
consideration, in reaching our decision, the appellants’
arguments set forth in the briefs along with the examiner’s
rationale in support of the rejection and arguments in
rebuttal set forth in the examiner’s answer.
It is our view, after consideration of the record
before us, that the evidence relied upon and the level of
skill in the particular art would not have suggested to one of
ordinary skill in the art the obviousness of the invention as
set forth in claims 60 and 66. Accordingly, we reverse.
Appellants have indicated that for purposes of this
appeal claims 60 and 66 will stand or fall together as a
single group [brief, page 3]. Consistent with this indication
appellants have made no separate arguments with respect to
these claims. Accordingly, both appealed claims before us
will stand or fall together. Note In re King, 801 F.2d 1324,
-4-
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