Appeal No. 1999-1666 Application No. 08/847,319 b) Claim 49 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over Kiyota in view of Melas, Bohling and Zhang. Rather than reiterate the examiner’s full statement of the above-noted rejections and the conflicting viewpoints advanced by the examiner and appellant regarding those rejections, we make reference to the examiner’s answer (Paper No. 34) for the examiner’s reasoning in support of the rejections, and appellant’s brief and reply brief (Paper No. 33 and Paper No. 35, respectively) for appellant’s arguments thereagainst. On page 4 of the brief, appellant indicated that claims 4, 47, 48, 50-52 and 54 stand or fall together and that claim 49 stands or falls alone. In keeping with appellant’s groupings, we hereby select claims 4 and 49 from the separate rejections for review, and we shall decide the appeal as to the respective grounds of rejection on the basis of these selected claims; 37 CFR § 1.192 (c)(7). OPINION 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007