Appeal No. 2003-1025
Application No. 09/224,918
Claims 37-40 and 42-49 as Group III with respect to the
rejection under 35 U.S.C. § 112, ¶ 2;
Claims 1, 3, 7-11, 14-15, 17, 20-25, and 28-49 as Group IV
with respect to the rejection under 35 U.S.C. § 103; and
Claims 4, 5, 18, and 19 as Group V with respect to the
rejection under 35 U.S.C. § 103.
See pages 4-5 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
5-17 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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