Appeal No. 2004-0422
Application No. 09/046,315
Claims 13 as Group III, with respect to the rejection under
35 U.S.C. § 102 over Liou;
Claims 5-12 as Group IV, with respect to the rejection under
35 U.S.C. § 102 over Saito; and
Claim 13 as Group V, with respect to the rejection under
35 U.S.C. § 102 over Saito.
See page 3 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 3-6 of
the brief and pages 1-3 of the reply 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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