Appeal No. 2004-0049 Page 10
Application No. 10/047,626
Application No. 09/121,628). We have reviewed both Board decisions and note that
our decision herein is in harmony with our decision in Application No. 09/121,628. As to
the Board decision in Application No. 08/815,556, we note that the issue in that appeal
was whether or not the claims under appeal would have been obvious at the time the
invention was made to a person of ordinary skill in the art from the teachings of Nesbitt
and U.S. Patent No. 5,068,151 to Nakamura. Thus, the issues in this appeal are
different than the issue decided in the Board decision in Application No. 08/815,556.
For the reasons set forth above, the decision of the examiner to reject claims 14,
19 and 20 under 35 U.S.C. § 103 as being unpatentable over Nesbitt in view of Horiuchi
and the appellant's disclosure is affirmed. The appellant has grouped claims 14 to 17
as standing or falling together.2 Thereby, in accordance with 37 CFR § 1.192(c)(7),
claims 15 to 17 fall with claim 14. Thus, it follows that the decision of the examiner to
reject claims 15 to 17 under 35 U.S.C. § 103 is also affirmed.
The 35 U.S.C. § 103 rejection of claim 18
We sustain the rejection of claim 18 under 35 U.S.C. § 103.
Claim 18 reads as follows:
2 See pages 3-4 of the appellant's brief.
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