Ex Parte Schindler et al - Page 11




                    Appeal No. 2004-0539                                                                                                                                  
                    Application No. 09/921,254                                                                                                                            


                    In light of the foregoing, the examiner's rejection of                                                                                                
                    claims 1 through 21 under 35 U.S.C. § 103(a) will be sustained.                                                                                       
                    Notwithstanding appellants' grouping of claims set forth on page                                                                                      
                    4 of the brief, we note that appellants have failed to separately                                                                                     
                    argue the patentability of claims 6 through 11 and 17 through 21                                                                                      
                    apart from claims 1 through 5 and 12 through 16 in any meaningful                                                                                     
                    manner, essentially urging in both instances that it would not                                                                                        
                    have been obvious to modify the Brazier burner by adding to it a                                                                                      
                    fuel lance as disclosed by Bury.  Thus, we have concluded that                                                                                        
                    claims 2 through 21 will fall with representative independent                                                                                         
                    claim 1.  See, In re Wood, 582 F.2d 638, 642, 199 USPQ 137, 140                                                                                       
                    (CCPA 1978).                                                                                                                                          


                    The decision of the examiner rejecting claims 1 through 21                                                                                            
                    under 35 U.S.C. § 103(a) is affirmed.                                                                                                                 












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