Ex Parte McGee - Page 10




                Appeal No. 2004-0046                                                                              Page 10                    
                Application No. 10/001,313                                                                                                   


                        Claims 2 to 9 and 11 to 20 which depend from either claim 1 or claim 10 have                                         
                not been separately argued by appellant as required in 37 CFR § 1.192(c)(7) and                                              
                (8)(iv).  Accordingly, we have determined that these claims must be treated as falling                                       
                with their respective independent claim. See In re Nielson, 816 F.2d 1567, 1572, 2                                           
                USPQ2d 1525, 1528 (Fed. Cir. 1987).  Thus, it follows that the decision of the examiner                                      
                to reject claims 2 to 9 and 11 to 20 is also affirmed.                                                                       


                                                             CONCLUSION                                                                      
                        To summarize, the decision of the examiner to reject claims 1 to 20 under                                            
                35 U.S.C. § 103 is affirmed.                                                                                                 

























Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007