Appeal No. 2002-1850
Application 08/288,574
The full text of the examiner’s rejections and response to
the argument presented by appellant appears in the answer (Paper
No. 48), while the complete statement of appellant’s argument can
be found in the main and reply briefs (Paper Nos. 47 and 51).
In the main brief (page 8), appellant states that “[a]ll the
claims are to be grouped together.” We understand appellant’s
statement as pertaining to each of the rejections on appeal.
Thus, we shall appropriately select, infra, a representative
claim to review for each of the rejections. With respect to the
anticipation rejection, however, we find that separate arguments
have been presented by appellant for claims 2 and 26. Further,
based upon the specific argument addressed to the obviousness
rejection (main brief, page 31), it is apparent that the claims
rejected as obvious stand or fall with claim 1. It follows that
in the discussion below, we shall focus upon claim 1 as to the
§ 112 rejection, claims 1, 2 and 26 as to the § 102(b) rejection,
and claim 1 as to the § 103(a) rejection.
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