Appeal No. 2002-2177 Page 3
Application No. 08/777,424
Claims 1-10 and 12-25 stand rejected under 35 U.S.C. § 103(a) as obvious over
Japanese Kokai Patent Application No. 3-274047 ("Taniguchi")1 and Adobe
Photoshop™ User Guide ("Adobe"). Claim 11 stands rejected under § 103(a) as
obvious over Taniguchi and U.S. Patent No. 5,576,836 ("Sano").
OPINION
Our opinion addresses the rejections of the claims in the following order:
• claims 1-10, 17, 20, and 21
• claims 12, 13, 18, and 23
• claims 14, 15, 19, and 24
• claims 16 and 25
• claims 11 and 22.
A. CLAIMS 1-10, 17, 20, AND 21
"[T]o assure separate review by the Board of individual claims within each group
of claims subject to a common ground of rejection, an appellant's brief to the Board
must contain a clear statement for each rejection: (a) asserting that the patentability of
claims within the group of claims subject to this rejection do not stand or fall together,
and (b) identifying which individual claim or claims within the group are separately
patentable and the reasons why the examiner's rejection should not be sustained." In
re McDaniel, 293 F.3d 1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir. 2002) (citing 37
C.F.R. §1.192(c)(7) (2001)). "If the brief fails to meet either requirement, the Board is
1A copy of a translation is attached; we will refer to it by page number.
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