Appeal No. 2000-0660
Application No. 08/985,278
and 11 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 Appellants' filing the brief,
states:
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 unless a statement is
included that the claims of the group do not stand or
fall together and, in the argument under paragraph
(c)(8) of this section, appellant explains why the
claims of the group are believed to be separately
patentable. Merely pointing out differences in what
the claims cover is not an argument as to why the
claims are separately patentable.
We further note that in the reply brief, Appellants have argued
claims 1 and 2 as a single group. See the entire page 11 of the
reply brief. We will, thereby, consider Appellants' claims 1 and
2 as standing or falling together as a group and we will treat
claim 1 as a representative claim of that group.
Appellants state that "[c]laim 1 recites a 'non-volatile
one-transistor memory cell.'" See page 11, lines 2 and 3 of the
reply brief. Appellants then argue that the Hayashi transistor
would need a second transistor to prevent leakage current. See
page 11, lines 7-10 of the reply brief. However, Appellants do
55
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007