Ex Parte SPENCER - Page 3




          Appeal No. 1997-0296                                                        
          Application No. 08/378,086                                                  

               Appellant submits at page 3 of the principal brief that                
          “[c]laims 83-121 are presented separately and should be                     
          considered individually, consisting [sic, consistent] with the              
          separate arguments for patentability for each set forth below”.             
          However, the ARGUMENT section of appellant’s brief presents                 
          substantive arguments only for claims 83, 85, 86, 105, 106, 92-94           
          and 112-114.  Pages 9-15 of appellant’s principal brief set forth           
          nothing more than a recitation of the features of the referenced            
          claims along with the conclusory remark that the recited features           
          are neither disclosed or suggested by any of the cited                      
          references.  Accordingly, other than claims 85, 86, 105, 106,               
          92-94 and 112-114, the appealed claims stand or fall together               
          with claim 83.  In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d                
          1525, 1528 (Fed. Cir. 1987); Ex parte Ohsumi, 21 USPQ2d 1020,               
          1023 (Bd. of Pat. Appls. and Int. 1991).  See also 37 CFR 1.192             
          c(7) and c(8).                                                              
               We have thoroughly reviewed each of appellant’s arguments              
          for patentability, as well as the declaration evidence relied               
          upon in support thereof.  However, we are in complete agreement             













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