Appeal No. 2003-0965
Application No. 09/030,829
We also use our authority under 37 CFR § 1.196(b) to enter a
new ground of rejection of claims 1-10. The basis for this is
set forth in detail below.
Appellants have indicated that for purposes of this
appeal, the claims stand or fall together in two groupings:
Claims 1, 2, and 10 as Group I; and
Claims 3-9 as Group II.
See page 14 of the brief. Furthermore, Appellants argue
each group of claims separately and explain why the claims of
each group are believed to be separately patentable. See pages
14-19 of the brief. Appellants have fully met the requirements
of 37 CFR § 1.192 (c)(7) (July 1, 2002) as amended at 62 Fed.
Reg. 53169 (October 10, 1997), which was controlling at the time
of Appellants' filing of the brief. 37 CFR § 1.192 (c)(7)
states:
Grouping of claims. For each ground of
rejection which appellant contests and which
applies to a group of two or more claims, the
Board shall select a single claim from the
group and shall decide the appeal as to the
ground of rejection on the basis of that
claim alone unless a statement is included
that the claims of the group do not stand or
fall together and, in the argument under
paragraph (c)(8) of this section, appellant
explains why the claims of the group are
believed to be separately patentable. Merely
pointing out differences in what the claims
cover is not an argument as to why the claims
are separately patentable.
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