Appeal No. 2003-0645 3
Application No. 09/245,625
the properties of the elastic fiber as set forth in claim 4 on
appeal (i.e., a Group III claim; see Burch, col. 3, l. 59-col. 4,
l. 6). Appellants have not identified any specific, substantive
reasons for the separate patentability of this claim or any Group
III claim other than the reasons given for the Group I claims
(Brief, pages 12-13).
Accordingly, we select independent claim 1 as representative
of the claims on appeal and decide the ground of rejection in this
appeal on the basis of this claim alone. See 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 and to decide the
appeal of that rejection based solely on the selected
representative claim.”). Claim 1 is reproduced below:
1. A fiber comprising:
(a) a fiber of an elastomeric polymer capable of imbibing a
chemotherapeutic agent; and
(b) a therapeutically effective amount of the
chemotherapeutic agent imbibed in the fiber.
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