Appeal No. 1999-2379
Application 08/716,061
(pages referred to as "RBr__") for a statement of
Appellant's arguments thereagainst.
OPINION
Grouping of claims
Appellant states that the claims stand or fall together
(Br8). This means that the Board may select a single claim
to determine patentability. See 37 CFR § 1.192(c)(7)
(1998). However, in the argument section of the brief,
Appellant argues two groups of claims, one for each ground
of rejection. And, within the obviousness group, Appellant
makes minor arguments regarding claims 3, 9, 15, and 22, to
displaying non-recorded commercial material at both the send
list displaying means and the record list displaying means;
the limitations of claims 14 and 21, to displaying a record
list, are not argued. The Examiner stated that the claims
stand or fall together (EA2), but addressed the claims. We
will consider the claims argued; however, Appellant should
be more careful in designating the grouping of claims. The
grouping of claims is as follows:
(1) Claims 1, 4-6, 8, 10-12, 16-18, 23, and 24 stand or
fall together with representative claim 1.
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