Appeal No. 2000-1482 Page 16
Application No. 08/995,706
a second size wafer carrier (see Detail A and Figures 1 and
2).
As noted above, model WT-3456 of the H-Square Publication
does teach all the limitations of claim 31. A disclosure that
anticipates under 35 U.S.C. § 102 also renders the claim
unpatentable under 35 U.S.C. § 103, for "anticipation is the
epitome of obviousness." Jones v. Hardy, 727 F.2d 1524, 1529,
220 USPQ 1021, 1025 (Fed. Cir. 1984). See also In re
Fracalossi, 681 F.2d 792, 794, 215 USPQ 569, 571 (CCPA 1982);
In re Pearson, 494 F.2d 1399, 1402, 181 USPQ 641, 644 (CCPA
1974). Thus, the decision of the examiner to reject claim 31
is affirmed.
Claims 32 and 33
Claims 32 and 33 which depend from claim 31 have not been
separately argued by appellants as required in 37 CFR
§ 1.192(c)(7) and (8)(iv). Accordingly, we have determined
that claims 32 and 33 must be treated as falling with
independent claim 31. See In re Nielson, 816 F.2d 1567, 1572,
2 USPQ2d 1525, 1528 (Fed. Cir. 1987). Thus, it follows that
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