Appeal No. 2000-1654
Application 09/097,860
positions of the appellant and the examiner with regard to the
merits of this rejection.3
DISCUSSION
I. Grouping of claims
The appellant allows that for purposes of this appeal “the
claims stand or fall together” (main brief, page 4). Therefore,
pursuant to 37 CFR § 1.192(c)(7), we have chosen representative
claim 1 and shall decide the appeal on the basis of this claim
alone. Claims 2 through 23 shall stand or fall with claim 1.
II. The merits of the rejection
Wilson discloses a corrugated metal box culvert 78 having a
crown 82, haunches 84 and sidewalls 80. A continuous corrugated
metal reinforcement 86 overlies at least a major portion of the
crown, and possibly portions of the haunches and sidewalls, and
preferably extends the length of the culvert. Bolts connect the
troughs of the corrugated reinforcement to the crests of the
corrugated culvert to define transversely extending cavities (see
3 The record indicates that the instant application is a
continuation of Application 08/662,070, filed June 12, 1996, now
U.S. Patent No 5,833,394, granted November 10, 1998. Given the
similarities between the appealed claims and the patent claims,
in the event of further prosecution the examiner may wish to
consider whether a double patenting issue exists.
4
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