Appeal No. 1999-0565
Application 08/700,526
We have carefully considered the subject matter on
appeal, the rejections advanced by the examiner and the
evidence of obviousness relied upon by the examiner as support
for the rejections. We have, likewise, reviewed and taken
into consideration, in reaching our decision, the appellant’s
arguments set forth in the brief along with the examiner’s
rationale in support of the rejections and arguments in
rebuttal set forth in the examiner’s answer.
It is our view, after consideration of the record
before us, that the evidence relied upon and the level of
skill in the particular art would have suggested to one of
ordinary skill in the art the obviousness of the invention as
set forth in claims 1-4, 6 and 8-10. Accordingly, we affirm.
Even though the examiner has applied three different
groupings of references to reject all the claims on appeal,
appellant has, nevertheless, indicated that the claims should
stand or fall together in a single group [brief, page 3].
Consistent with this indication, appellant has only argued the
rejections with respect to claim 1 and claim 9 (relying on the
arguments made for claim 1). Since appellant has not argued
each of the rejections independently, we will consider the
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