Appeal No. 1998-1281
Application No. 08/472,376
Lal 5,338,471 Aug. 16,
1994
The present application was copending with and was
related to U.S. Serial No. 08/474,295, filed June 7, 1995. An
appeal was taken to this Board in the related application and,
in a decision dated May 26, 1999, the Board affirmed the
examiner's rejection under 35 U.S.C. § 103 over references
presently applied by the examiner. All the appealed claims
stand rejected under 35 U.S.C. § 103 as being unpatentable
over Lal in view of Small and Jokinen.
Under the heading GROUPING OF CLAIMS at page 3 of the
brief, appellant asserts the patentability of claim 1 and
states that "[s]ince claims 4, 6-36 and 38-40 depend or
ultimately depend from claim 1, they likewise are patentable."
Accordingly, since appellant has not presented separate
arguments for any of the dependent claims on appeal, all the
appealed claims stand or fall together with claim 1. In re
Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir.
1987). See also 37 CFR 1.192 c(7) and c(8).
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007