Appeal No. 1998-2551 Page 17
Application No. 08/787,624
is presumed on the part of those practicing in the art. See
In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir.
1985).
For the reasons set forth above, the decision of the
examiner to reject claim 48 under 35 U.S.C. § 103 is affirmed.
Claims 43 and 44
Dependent claims 43 and 44 have not been separately
argued by the appellant. Accordingly, these claims will be
treated as falling with their parent claim 48. See In re
Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir.
1991); In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528
(Fed. Cir. 1987); and In re Wood, 582 F.2d 638, 642, 199 USPQ
137, 140 (CCPA 1978). Thus, it follows that the decision of
the examiner to reject claims 43 and 44 under 35 U.S.C. § 103
is also affirmed.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 32, 33 and 47 under 35 U.S.C. § 102(b) is reversed and
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