Appeal No. 1998-3399
Application No. 08/239,138
OPINION
As a preliminary matter, we note that appellants
state on page 4 of the Brief that all of claims 1 through 43
stand or fall together and argues the claims for each ground
of rejection as a group. 37 C.F.R. § 1.192(c)(7) states:
For each ground of rejection which appellant
contests and which applies to a group of two or more
claims, the Board shall select a single claim from
the group and shall decide the appeal as to the
ground of rejection on the basis of that claim alone
unless a statement is included that the claims of
the group do not stand or fall together.
Accordingly, we will treat the claims for each ground of
rejection separately, with claims 40 and 8, the broadest
claims of the two groups, as representative.
We have carefully considered the claims, the applied
prior art references, and the respective positions articulated
by appellant and the examiner. As a consequence of our
review, we will affirm the obviousness rejection of claims 1
through 5, 10 through 13, and 15 through 43 and reverse the
obviousness rejection of claims 6 through 9 and 14.
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