Ex Parte GAREY - Page 4




             Appeal No. 2002-0076                                                              Page 4               
             Application No. 09/144,842                                                                             


                    audio signal, and the wireless transmitter for transmitting the audio signal                    
                    over the air to the wireless receiver in the base station, the base station                     
                    converting the audio signal into a second network signal and sending the                        
                    second network signal to the network, the base station and wireless                             
                    remote microphone apparatus operating in full-duplex mode.                                      


                    Claims 1-4, 12, and 13 stand rejected under 35 U.S.C. § 103(a) as obvious over                  
             U.S. Patent No. 5,664,015 ("Ford"); U.S. Patent No. 4,053,717 ("Snider"); and U.S.                     
             Patent No. 5,138,651 ("Sudo").                                                                         


                                                     OPINION                                                        
                    "[T]o assure separate review by the Board of individual claims within each group                
             of claims subject to a common ground of rejection, an appellant's brief to the Board                   
             must contain a clear statement for each rejection: (a) asserting that the patentability of             
             claims within the group of claims subject to this rejection do not stand or fall together,             
             and (b) identifying which individual claim or claims within the group are separately                   
             patentable and the reasons why the examiner's rejection should not be sustained."  In                  
             re McDaniel, 293 F.3d 1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir. 2002) (citing 37                     
             C.F.R. §1.192(c)(7) (2001)).  "Merely pointing out differences in what the claims cover is             
             not an argument as to why the claims are separately patentable."  37 C.F.R.                            
             § 1.192(c)(7).  "If the brief fails to meet either requirement, the Board is free to select a          
             single claim from each group of claims subject to a common ground of rejection as                      








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