Appeal No. 2002-1435
Application No. 08/861,213
Claims 24 and 25 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Vucetic and Åkerberg.
A rejection under 35 U.S.C. § 112 has been withdrawn after entry of an
amendment after the final rejection.
We refer to the Final Rejection (Paper No. 6) and the Examiner’s Answer (Paper
No. 13) for a statement of the examiner’s position and to the Brief (Paper No. 12) and
the Reply Brief (Paper No. 14) for appellant’s position with respect to the claims which
stand rejected.
OPINION
Grouping of Claims
Based on arguments presented, we select claims 18, 19, and 24 as
representative. We select the claims based on the arguments, rather than the
groupings alleged at page 5 of the Brief. See 37 CFR § 1.192(c)(7). 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.”).
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