Appeal No. 2002-0723
Application 08/965,637
18, and 28 under 35 U.S.C. § 103, and we reverse the Examiner’s
rejection of claims 29-38 under 35 U.S.C. § 103.
Appellant has indicated that for purposes of this appeal the
claims stand or fall together in five groupings:
Claims 1-3, 5-10, 15-17, and 19-24 as Group I;
Claims 4 and 18, as Group II;
Claims 11-13 and 25-27 as Group III;
Claims 14 and 28 as Group IV; and
Claims 29-38 as Group V.
See page 9 of the brief. Furthermore, Appellant argues each
group of claims separately and explains why the claims of each
group are believed to be separately patentable. See pages 9-19
of the brief and pages 4-17 of the reply brief. Examiner’s
position that Groups I and III form a single group and Groups II
and IV form a single group because they were rejected on “a
single ground” is unpersuasive as Appellant has fully met the
requirements of 37 CFR § 1.192 (c)(7) (July 1, 2002) as amended
at 62 Fed. Reg. 53169 (October 10, 1997), which was controlling
at the time of Appellant’s filing of the brief. 37 CFR § 1.192
(c)(7) states:
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