Appeal No. 2002-0998 Application 09/296,139 OPINION In reaching our decision in this appeal, we have given careful consideration to appellants’ specification and claims2, to the applied prior art references, and to the respective positions articulated by appellants and the examiner. As a consequence of our review, we have made the determinations which follow. Looking at page 4 of the brief, we note that appellants have indicated that claims 1 through 3, 5 through 14, 16 and 17 “stand or fall together.” Thus, we focus our discussion below on independent claims 1 and 9, and consider that the remaining claims before us on appeal will stand or fall with their respective independent claim. In his rejection of independent claims 1 and 9 the examiner 2 Claims 16 and 17 depend directly or indirectly from canceled claim 15. During any further prosecution of the application, both the examiner and appellants would be well served to address this problem, which has existed since the amendment filed May 19, 2000 directed cancellation of claim 15. 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007