Appeal No. 2004-0478
Application No. 09/768,976
Claims 35-40 individually as Groups XI-XVI;
Claims 4 and 11 as Group XVII;
Claims 6 and 19 as Group XVIII; and
Claim 7 as Group XIX.
See page 5 of the brief. 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.
(Emphasis added)
We will therefore consider Appellants' claims as standing or
falling together in the nineteen groups noted above, and we will
treat:
Claim 1 as a representative claim of Group I;
Claim 20 as a representative claim of Group II;
Claim 31 as a representative claim of Group X;
Claim 4 as a representative claim of Group XVII; and
Claim 6 as a representative claim of Group XVIII.
5
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