Ex parte DALAL et al. - Page 5




          Appeal No. 1999-0725                                                        
          Application 08/476,475                                                      

          admitted state of the prior art as shown in figure 6-14(c) of               
          Microelectronics, further in view of Melton.                                
               We refer to the final rejection (Paper No. 9) and the                  
          examiner's answer (Paper No. 14) for a statement of the Examiner's          
          position, and to the appeal brief (Paper No. 13) for Appellants'            
          arguments thereagainst.                                                     


                                       OPINION                                        
          Grouping of claims                                                          
               Appellants state that the rejected claims do not stand or fall         
          together (Br6).  Appellants' reasons why the claims are separately          
          patentable are that neither "'346 nor Noll either alone or in               
          combination with another reference either anticipate or make obvious        
          the inventions of [one of claims 2-26, wherein the claim recites            
          . . .]" (Br6-12).  This does not constitute an argument why the             
          claims are separately patentable.  See 37 CFR § 1.192(c)(7) (1997)          
          ("Merely pointing out differences in what the claims cover is not an        
          argument as to why the claims are separately patentable.").                 
          Appellants only argue the limitations of claims 1 and 21 separately.        
          Thus, claims 1-20 and 22-26 will stand or fall together with claim 1        
          and claim 21 will stand or fall by itself.                                  

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