Appeal No. 1999-2050 Page 4
Application No. 08/576,544
arguments of the appellants or examiner in toto, we refer the
reader to the briefs and answer for the respective details
thereof.
OPINION
In deciding this appeal, we considered the subject matter
on appeal and the rejection advanced by the examiner.
Furthermore, we duly considered the arguments and evidence of
the appellants and examiner. After considering the record, we
are persuaded that the examiner did not err in rejecting
claims 1-5, 7, and 9. We are also persuaded that he did err
in rejecting claims 6 and 8. Accordingly, we affirm-in-part.
Our opinion addresses the anticipation and indefiniteness
rejections.
Anticipation Rejection of Claims 1-7 and 9
When the appeal brief was filed, 37 C.F.R. § 1.192(c)(7)
(1997) included the following provisions.
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
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