Appeal No. 2003-1205
Application No. 09/568,406
APPEALED SUBJECT MATTER
The appellants have not challenged the examiner’s position
that “claims 1-4,7-8 [sic, 1-4, 7 and 8] stand or fall together
because the appellant’s [sic, appellants’] brief does not include
a statement that this grouping of claims does not stand or fall
together . . . . ” See the Brief and the Reply Brief in their
entirety. Therefore, for purposes of this appeal, we select
claim 1 from all of the claims on appeal and determine the
propriety of the examiner’s rejection based on this claim alone
consistent with 37 CFR § 1.192(c)(7)and (c)(8)(2002). See also
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”). Claim 1 is reproduced below:
2
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