Appeal No. 2004-0479
Application No. 09/780,864
With full consideration being given to the subject matter
on appeal, Examiner's rejections and the arguments of
Appellants and Examiner, for the reasons stated infra, we
affirm the Examiner's rejection of claims 18-25 under
35 U.S.C. § 103.
I. Whether the Rejection of Claims 18 and 21-25 Under
35 U.S.C. § 103 as Being Obvious over Cambron in View
of Kitou is Proper?
We note that Appellants group claims 18 and 21-25 as group
1. See page 4 of the brief. Furthermore, Appellants argue
claims 18 and 21-25 as a single group. See pages 5-8 of the
brief and pages 2-10 of the reply 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, states:
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
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