Ex Parte Pels et al - Page 9




              Appeal No. 2003-0271                                                                  Page 9                
              Application No. 09/592,058                                                                                  


              The obviousness rejection                                                                                   
                     Dependent claims 3, 8, 11 and 19 have not been separately argued by the                              
              appellants.  In fact, as set forth above, the appellants have grouped claims 1 to 20 as                     
              standing or falling together.  Accordingly, these claims will be treated as falling with their              
              parent claims.  See In re Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir.                         
              1991); In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir. 1987); and                        
              In re Wood, 582 F.2d 638, 642, 199 USPQ 137, 140 (CCPA 1978).  Thus, it follows that                        
              the examiner's rejection of claims 3, 8, 11 and 19 under 35 U.S.C. § 103 is also                            
              sustained.                                                                                                  



























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