Ex parte RASHMAN et al. - Page 4




          Appeal No. 1999-0455                                                        
          Application 08/635,483                                                      


          Appellants have indicated that for purposes of this                         
          appeal the claims will all stand or fall together as a single               
          group [brief, page 5].  Consistent with this indication                     
          appellants have made no separate arguments with respect to any              
          of the claims on appeal.  Accordingly, all the claims before                
          us will stand or fall together.  Note In re King, 801 F.2d                  
          1324, 1325, 231 USPQ 136, 137 (Fed. Cir. 1986); In re                       
          Sernaker, 702 F.2d 989, 991, 217 USPQ 1, 3 (Fed. Cir. 1983).                
          Therefore, we will  consider the rejection against independent              
          claim 1 as representative of all the claims on appeal.                      
          In rejecting claims under 35 U.S.C. § 103, it is                            
          incumbent upon the examiner to establish a factual basis to                 
          support the legal conclusion of obviousness.  See In re Fine,               
          837 F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).                  
          In so doing, the examiner is expected to make the factual                   
          determinations set forth in Graham v. John Deere Co., 383 U.S.              
          1, 17, 148 USPQ 459, 467 (1966), and to provide a reason why                
          one having ordinary skill in the pertinent art would have been              
          led to modify the prior art or to combine prior art references              
          to arrive at the claimed invention.  Such reason must stem                  
          from some teaching, suggestion or implication in the prior art              
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