Appeal No. 2001-2168
Application No. 09/083,307
§ 1.192(c)(7), as amended effective April 21, 1995, to
select a single claim from the group in question, namely
group 1, and to decide the appeal of the claims in group 1
on the basis of the patentability of that representative
claim alone. Accordingly, we will select claim 9 as being
representative of group 1, with the result that the
remaining claims in that group, namely claims 1-4 and 18-
20, shall stand or fall with claim 9. See also In re
Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir.
1991) and In re Wood, 582 F.2d 638, 642, 199 USPQ 137, 140
(CCPA 1978).
Claim 9 is directed to the system of inducing an
immune response and reads as follows:
A system for inducing an immune response against
transformed, infected or diseased tissue comprising
a device for removing only components present in
the blood having a molecular weight of 120,000 daltons
or less, having inlet and outlet means for connection
to a pump and tubing to recirculate the blood of a
patient through the device.
As noted from the foregoing copy of claim 9, the
structure recited in claim 9 comprises the filter device
for removing only components having a weight of 120,000
identify the different groups of claims, whereas on page 11
of the main brief decimal numerals are used for this
purpose. For consistency, we will use the decimal numerals
mentioned on page 11 of the brief for identifying the
different groups of claims.
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