Appeal No. 2004-1053
Application No. 09/772,409
42, where the strip 40 has two end tab portions 44 and 46 and a
neck portion 48 connecting the two tab portions (Brief, page 5).
The adhesive layer 42 is located on the end tab portions 44 and 46
so that the strip 40 can be folded at the neck portion 48 and the
tab portions applied to opposite sides of the signage item (id.).
Appellant asserts that the invention provides a hanging device that
can be made with a shortened neck portion, without adhesive on the
neck portion, and/or without the use of foam adhesive (id.).
Appellant states that the claims do not stand or fall together
and lists various groups on page 10 of the Brief. To the extent
the groups of claims have been separately argued, we consider these
claims separately. See 37 CFR § 1.192(c)(7)(2000) and In re
McDaniel, 293 F.3d 1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir.
2002). Representative independent claim 1 is reproduced below:
1. A hanging device for folded attachment to an item to be
suspended or tied down, said device comprising a strip and an
adhesive;
the strip comprising two outer tab portions and a neck portion
therebetween;
the adhesive being located on an inner surface of the tab
portions so that the strip can be folded at the neck portion and
the tab portions can be applied to opposite sides of the item; and
wherein the strip is made from a polymer and has thickness
between about 3 mil and about 20 mil.
2
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