Appeal No. 2000-0467
Application 08/511,645
claims as standing and falling together, we see that, on page 5,
lines 10-12 of the brief, that Appellant has provided a statement
that “[a]ppellant does not consider all rejected claims which
have been grouped in a single ground of rejection to stand or
fall together. The bases for the separate patentability of
various claims are set forth in the following arguments.”
Further, we note that in the Brief, Appellant has argued claims 1
through 6 and 10 through 17 as a single group with the arguments
drawn to the subject matter in claim 1. See page 5, line 16
through page 7, line 21. We also note that Appellant has argued
claims 18 through 25 as a single group with the arguments drawn
to the subject matter of claim 18. See page 7, line 21 through
page 8, line 26. Lastly we note that Appellant has argued claims
26 through 28 as a single group with the arguments drawn to the
subject matter in claim 26.
Therefore, in light of Appellant’s arguments, we have
determined that claims 1 through 6 and 10 through 17 stand and
fall together, claims 18 through 25 stand and fall together, and
claims 26 though 28 stand or fall together. 37 CFR § 1.192
(c)(7) (July 1, 1999) as amended at 62 Fed. Reg. 53196 (October
10, 1997), which was controlling at the time of Appellant’s
filing the brief, states:
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