Ex Parte Simmons et al - Page 3




          Appeal No. 2004-0737                                                        
          Application No. 10/141,443                                                  


               claims 1 through 5, 10, 11, 21 through 27, 32                          
               through 34, 36, 37, and 60 stand or fall with claim 1;                 
               claims 6 through 9, 14, 18, 19, 28 through 31, and                     
               35 stand or fall with claim 6;                                         
               claims 12 through 16 stand or fall with claim 12; and                  
               claims 17 and 20 do not stand of fall with any                         
               other claims.                                                          


               In light of appellants’ claim groupings and the argument               
          advanced in the briefs, we would focus our attention below upon             
          claims 1, 6, 12, 17, and 20, with the remaining claims standing             
          or falling with the respective selected claim from its group.  As           
          it turns out, we need only address independent claim 1.                     


                                       OPINION                                        
               In reaching our conclusion on the issues raised in this                
          appeal, this panel of the board has carefully considered                    
          appellants’ specification and claims,1  the applied teachings,2             

               1 Claim 60 depends from independent claim 1 and references             
          “the plunger.”  However, a plunger is recited in claim 4, not               
          claim 1. For purposes of this appeal, we shall understand                   
          claim 60 as being dependent from claim 4.  During any further               
          prosecution before the examiner, the noted antecedent basis                 
          deficiency for claim 60 should be addressed and resolved.                   
               2 In our evaluation of the applied prior art, we have                  
          considered all of the disclosure of each document for what it               
                                                             (continued...)           
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