Appeal No. 1998-0631
Application 07/957,990
Claims 208 and 209 stand rejected under 35 U.S.C. § 103
as being unpatentable over the "Human Factor" publication
and the APA, or further in view of either John or Parker.
It appears that the Examiner has withdrawn the
rejection of claims 14-16, 26, 27, 45-47, 114-116, 119, 120,
and 138-140 under 35 U.S.C. § 112, first paragraph, as
failing to provide an enabling disclosure, as set out in the
Office Action of Paper No. 20, because the rejection is not
repeated in the Examiner's Answer. See Emm, 118 USPQ at
181. This renders Appellant's tenth issue moot.
We refer to the Office Action (Paper No. 20) (pages
referred to as "OA__") and the Examiner's Answer (Paper
No. 27) (pages referred to as "EA__"), which incorporates by
reference the rejection in Paper No. 20, for a statement of
the Examiner's position, and refer to the replacement Appeal
Brief (Paper No. 26) (pages referred to as "Br__") for a
statement of Appellant's arguments thereagainst.
OPINION
Grouping of claims
Claims not separately argued are considered to stand or
fall together with broadest claim in the group under
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