Appeal No. 1998-0916
Application 08/331,435
appeal the claims will stand or fall together in the following
two groups: Group I has claims 1-4, and Group II has claims 10
and 11 [brief, page 3]. Consistent with this indication
appellant has made no separate arguments with respect to any
of the claims within each group. Accordingly, all the claims
within each group will stand or fall together. Note In re
King, 801 F.2d 1324, 1325, 231 USPQ 136, 137 (Fed. Cir. 1986);
In re Sernaker, 702 F.2d 989, 991, 217 USPQ 1, 3 (Fed. Cir.
1983). Therefore, we will consider the rejection against
claims 1 and 10 as representative of all the claims on appeal.
Anticipation is established only when a single prior
art reference discloses, expressly or under the principles of
inherency, each and every element of a claimed invention as
well as disclosing structure which is capable of performing
the recited functional limitations. RCA Corp. v. Applied
Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L.
Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540,
1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469
U.S. 851 (1984).
Representative, independent claims 1 and 10 are
4
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