Appeal No. 2001-2627
Application No. 09/472,658
Group. See pages 8 and 9 of the brief and pages 3 through 5 of
the reply brief. We further note that the Appellant has argued
claims 50 through 55 as a single group. See pages 9 through 12
of the brief and pages 5 through 6 of the reply brief.
37 CFR § 1.192 (c)(7) (July 1, 2000) 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 [A]ppellant 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, [A]ppellant 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 will, thereby, consider the Appellant's claims 34-46 as
standing or falling together and we will treat claim 34 as a
representative claim of that group and we will consider the
Appellant's claims 50-55 as standing or falling together and we
will treat claim 50 as a representative claim of that group.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007