Appeal No. 2003-0557
Application 09/121,760
such is all that is required to meet the capturing feature to
the extent recited in representative claim 1 on appeal.
Appellant has indicated at the bottom of page 3 of the
principal brief on appeal that all claims on appeal "stand or
fall together and form one group." Appellant's arguments as to
the second and third stated rejections, separately relying upon
the additional teachings of Anderson and Parulski, respectively,
rely for patentability at pages 7 and 8 of the principal brief on
the arguments already made with respect to the independent claims
1 and 21. Appellant's additional comment at page 8 of the
principal brief that appellant "incorporates by reference herein
the arguments presented relating to these [respective] claims in
earlier responses" as to the second and third stated rejections
is not well received. 37 CFR § 1.192(a) requires appellants to
place into their brief all arguments that they want us to hear.
Thus, any attempt to incorporate by reference arguments made
during earlier prosecution is not well taken. Additionally,
there are no arguments presented before us in the brief
challenging the propriety of the combination within 35 U.S.C.
§ 103 of Anderson and Jamzadeh and Parulski and Jamzadeh as to
their respectively rejected claims.
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