Ex Parte HARTOG et al - Page 4




          Appeal No. 2000-1569                                                        
          Application 08/964,686                                                      


          rationale in support of the rejections and arguments in rebuttal            
          set forth in the examiner’s answer.                                         
          It is our view, after consideration of the record before                    
          us, that the specification does not provide enablement of the               
          claimed invention as required by the first paragraph of 35 U.S.C.           
          § 112.  We are also of the view that the appealed claims comply             
          with the second paragraph of 35 U.S.C. § 112.  Finally, we are of           
          the view that the evidence relied upon and the level of skill in            
          the particular art would not have suggested to one of ordinary              
          skill in the art the obviousness of the invention as set forth in           
          claims 1, 25, 26, 30 and 31.  Accordingly, we affirm based on the           
          rejection for lack of enablement.                                           
          Appellants have indicated that for purposes of this                         
          appeal the claims will all stand or fall together as a single               
          group [brief, page 4].  Consistent with this indication                     
          appellants have made no separate arguments with respect to any of           
          the claims on appeal.  Accordingly, all the claims before us will           
          stand or fall together.  Note In re King, 801 F.2d 1324, 1325,              
          231 USPQ 136, 137 (Fed. Cir. 1986); In re Sernaker, 702 F.2d 989,           
          991, 217 USPQ 1, 3 (Fed. Cir. 1983).  Therefore, we will consider           




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