Appeal No. 2001-2003
Application 08/939,185
upon here. Appellants present arguments only as to claim 43 and
consider it representative of other independent claims 72 and 85
in accordance with the grouping at page 6 of the principal brief
on appeal. Independent claim 55 is separately argued as are
dependent claims 44 and 58. There are no arguments in the
principal brief and reply brief as to any other claim on appeal.
We therefore direct our remarks to claims 43, 44, 55 and 58.
Turning first to claim 43 representative of independent
claims 72 and 85, as noted by appellants in the brief and reply
brief, there appears to be some ambiguity as to the manner in
which the examiner expresses the correlation of the subject
matter of representative claim 43 on appeal to the teachings of
Lopresti. Nevertheless, we do not agree with appellants' views,
such as those expressed at page 8 of the principal brief on
appeal, that they are "unable to find any teachings in Lopresti
that teach or suggest the combination of Claim 43."
Appellants make mention in the initial paragraphs of the
reply brief certain background information relative to
representative claim 43 on appeal from the specification as
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