Appeal No. 2003-0907
Application No. 09/337,278
The Examiner rejected claims 1 and 5 under 35 U.S.C. § 103(a) as
unpatentable over the combination of Miyashita and Kanno; claims 1 and 5 under
35 U.S.C. § 103(a) as unpatentable over the combination of Miyashita, Kanno and
Takehiko; claims 3 and 7 under 35 U.S.C. § 103(a) as unpatentable over the
combination of Miyashita and Kanno, as applied to claims 1 and 5, further
combined with Simmons; claims 3 and 7 under 35 U.S.C. § 103(a) as unpatentable
over the combination of Miyashita, Kanno and Takehiko, as applied to claims 1 and
5, further combined with Simmons; claims 9 and 10 under 35 U.S.C. § 103(a) as
unpatentable over the combination of Miyashita, Kanno and Simmons, as applied to
claims 1, 3, 5 and 7 further combined with Chung; claims 9 and 10 under 35 U.S.C.
§ 103(a) as unpatentable over the combination of Miyashita, Kanno, Takehiko and
Simmons, as applied to claims 1, 3, 5 and 7 further combined with Chung. (Answer
pp. 5-10).
Appellants have indicated (Brief, p. 3) that, for each ground of rejection, the
claims can be considered to stand or fall together with the exception of claims 9
and 10. We will consider the claims separately only to the extent that separate
arguments are of record in this appeal. Any claim not specifically argued will stand
or fall with its base claim. Note In re King, 801 F.2d 1324, 1325, 231 USPQ 136,
-3-
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