Appeal No. 2002-1182
Application 09/233,385
THE REJECTIONS
Claims 50 and 53 through 61 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Pasch in view of Rostoker.
Claims 51 and 52 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Pasch in view of Rostoker and Dalal.
Attention is directed to the appellants’ main and reply
briefs (Paper Nos. 10 and 13) and to the examiner’s answer (Paper
No. 11) for the respective positions of the appellants and the
examiner with regard to the merits of this rejection.2
DISCUSSION
I. Grouping of claims
On page 5 in the main brief, the appellants state that the
following claim groups stand or fall together: claims 50 and 53
through 61; and claims 51 and 52. As these groups correspond to
the claim groupings in the two appealed rejections, we have
selected claims 50 and 51 as being representative of their
groupings and shall decide the appeal as to the respective
rejections on the basis of these claims alone. See 37 CFR
2 The explanation of the second rejection on pages 5 and 6
in the answer indicates that the reference to claims 52 and 53,
rather than claims 51 and 52, in the accompanying statement of
the rejection was inadvertent. The content of the briefs shows
that the appellants were not misled or otherwise prejudiced by
the inaccuracy.
3
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