Appeal No. 2002-2334
Application 09/097,235
under the principles of inherency, each and every element of a
claimed invention as well as disclosing structure which is
capable of performing the recited functional limitations. RCA
Corp. v. Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228
(1984); W.L. Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d
1540, 1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied,
469 U.S. 851 (1984).
Although Appellants nominally indicate (Brief, page 4) that
the appealed claims do not stand or fall together, the sole
argument presented by Appellants is the alleged lack of
electrical isolation between Koolen’s resistive and capacitive
sensors, a feature common to each of the independent claims on
appeal. Accordingly, with respect to the Examiner’s 35 U.S.C.
§ 102(e) rejection of claims 12-15, 18, 20, 22-27, 30, and 34
based on Koolen, we will select claim 12 as the representative
claim for all claims subject to this rejection and claims 13-15,
18, 20, 22-27, 30, and 34 will stand or fall with claim 12. Note
In re King, 801 F.2d 1324, 1325, 231 USPQ 136, 137 (Fed. Cir.
1986); In re Sernaker, 702 F.2d 989, 991, 217 USPQ 1, 3 (Fed.
Cir. 1983).
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