Appeal No. 1998-0338
Application No. 08/350,865
OPINION
After a careful review of the evidence before us, we
agree with the Examiner that claims 12, 13, 17 and 18 are
properly rejected under 35 U.S.C. § 102. Thus, we will
sustain
the rejection of these claims but we will reverse the
rejection of remaining claims on appeal for the reasons set
forth infra.
At the outset, we note that Appellant has indicated all
claims stand but do not fall together (brief-page 6). The
Examiner indicates that no reasons had been set forth as
required under 37 CFR § 1.192(c)(7) and (c)(8) (answer-page
3). In response, Appellant indicated that the reasons can be
set forth in the argument section, and Appellant had done this
(reply brief-page 2). Our review of the brief does not bear
this out. We find Appellant has argued claims 12 through 14
and 16 through 18 together (brief-pages 6-9), claims 1 through
8, 10, 15 and 19 through 22 together (brief-pages 9-11), claim
6 separately (brief-page 11), and claim 14 inferentially
separately (reply brief-page 4). Thus, we will treat claims
4
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