Appeal No. 2002-0880 Application No. 09/183,214 We will, thereby, consider the Appellants’ claims 8 through 11 as standing or falling together and we will treat claim 8 as the representative claim of that group and claims 16 and 17 as standing or falling together and we will treat claim 16 as the representative claim of that group. See In re McDaniel, 293 F.3d 1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir. 2002) ("If the brief fails to meet either requirement [of 37 CFR § 1.192 (c)(7)], the Board is free to select a single claim from each group of claims subject to a common ground of rejection as representative of all claims in that group and to decide the appeal of that rejection based solely on the selected representative claim."). For claims 8 through 11, Appellants argue that the Examiner’s proposed combination of Winkler and Bald does not arrive at Appellants’ invention of claim 8. In particular, Appellants argue that the proposed combination “does not teach a processor coupled to . . . the display . . . the processor operable to cause the display to display the plurality of product model identifiers for selection by the operator” as recited in Appellants’ claim 8. See pages 20 through 22 of the brief. In rejecting claims under 35 U.S.C. §103, the Examiner bears the initial burden of establishing a prima facie case of obviousness. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ 1443, 1444 (Fed. Cir. 1992). See also In re Plasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984). The Examiner can satisfy this burden by 10Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 3, 2007