Appeal No. 2003-0836
Application No. 09/205,086
We make reference to the answer (Paper No. 19, mailed
November 15, 2002) for the Examiner's complete reasoning in
support of the rejections, and to the appeal brief (Paper No. 18,
filed October 15, 2002)for Appellants’ arguments thereagainst.
Only those arguments actually made by Appellants have been
considered in this decision. Arguments which Appellants could
have made but chose not to make in the brief have not been
considered. See 37 CFR 1.192(a).
CLAIM GROUPINGS
Appellants state their intention to have claims 1, 2, 15 and
16 stand or fall together as Group I and claims 3-14, 17-27 and
28-49 stand or fall together as Group II. In accordance with
this grouping, and pursuant to 37 CFR § 1.192(c)(7), we will
limit our review to claim 1 for Group I, and claim 3 for
Group II.
OPINION
While the Examiner has not specifically indicated that the
35 U.S.C. § 103 rejection is withdrawn, only a 35 U.S.C. § 102(b)
rejection remains in the final Office action (Paper No. 13,
mailed April 18, 2002) for all the appealed claims. Appellants
properly appealed this rejection and provided relevant arguments
in their brief. The Examiner’s attempt to revive a previously
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