Appeal No. 2002-2107 Page 8
Application No. 09/160,085
lower portion of the back wall 10 (i.e., that portion of the back wall 10 between the
brackets 11) and the claimed hanger portion is readable on the upper portion of the
back wall 10 of Williams (i.e., that portion of the back wall 10 above the brackets 11)
since it is that portion of the back wall which includes openings 18, 19 in Williams' prior
patent (U.S. Patent No. 1,024,958) and as providing means by which the device may be
suspended from a nail or hook, or for attachment of a ribbon, cord, chain or the like
from which the device may depend.
For the reasons set forth above, the decision of the examiner to reject claim 1
under 35 U.S.C. § 103 is affirmed.
Claims 3, 5, 6, 12 13 and 27
The appellants have grouped claims 1, 3, 5, 6, 12 13 and 27 as standing or
falling together.4 Thereby, in accordance with 37 CFR § 1.192(c)(7), claims 3, 5, 6, 12
13 and 27 fall with claim 1. Thus, it follows that the decision of the examiner to reject
claims 3, 5, 6, 12 13 and 27 under 35 U.S.C. § 103 is also affirmed.
Claim 2
We sustain the rejection of claim 2 under 35 U.S.C. § 103.
4 See page 5 of the appellant's brief as amended by the amendment to the brief filed on
November 27, 2001 (Paper No. 20).
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