Appeal No. 1999-0503
Application 08/744,207
independent patentability of specific claims, we will consider
such claims individually for patentability. To the extent
that appellants have made no separate arguments with respect
to some of the claims, such claims will stand or fall with the
claims from which they depend. 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).
For purposes of the rejection before us, claims 4, 6, 9 and 16
will stand or fall with claim 1 while claim 20 will be
separately considered.
With respect to representative, independent claim 1,
the examiner reads a substantial portion of the claim on the
disclosure of Baxter [answer, pages 4-5]. According to the
examiner, Baxter discloses all the features of claim 1 except
for the spring loaded latching mechanism and the data transfer
element being removable while power is supplied to the data
storage library. The examiner cites Hanson and Deki,
respectively, as teaching these two features of claim 1. The
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