Appeal No. 2001-0528 Page 9
Application No. 08/892,348
matter of claim 23 is not suggested by the combined teachings
of Schonert and Kofahl.
For the reasons set forth above, the decision of the
examiner to reject claims 21 and 22 under 35 U.S.C. § 103 is
affirmed and the decision of the examiner to reject claim 23
under 35 U.S.C. § 103 is reversed.
Rejection (3)
Claims 26 to 32 which depend from claims 21 and 22 have
not been separately argued by the appellant and in fact have
been grouped by the appellant in the brief (p. 3) with claims
21 and 22 as a first group. Accordingly, we have determined
that these claims will be treated as falling with claims 21
and 22. See In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d
1525, 1528 (Fed. Cir. 1987) and 37 CFR §§ 1.192(c)(7) and
1.192(c)(8)(iv). Thus, it follows that the examiner's
rejection of claims 26 to 32 under
35 U.S.C. § 103 as being unpatentable over Schonert in view of
Kofahl and Wilson is sustained.
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