Appeal No. 2004-1379 Application No. 09/823,458 rejection. We have, likewise, reviewed and taken into consideration, in reaching our decision, the appellants’ arguments set forth in the brief along with the examiner’s rationale in support of the rejection and arguments in rebuttal set forth in the examiner’s answer. It is our view, after consideration of the record before us, that the evidence relied upon and the level of skill in the particular art would have suggested to one of ordinary skill in the art the obviousness of the invention as set forth in the claims on appeal. Accordingly, we affirm. Appellants have indicated that for purposes of this appeal the claims will all stand or fall together as a single group (brief, page 5). Consistent with this indication appellants have made no separate arguments with respect to any of the claims on appeal. Accordingly, all the claims before us will stand or fall together. Note In re King, 801 F.2d 1324, 1325, 231 USPQ 136, 137 (Fed. Cir. 1986); In re Sernaker, 702 F.2d 989, 991, 217 USPQ 1, 3 (Fed. Cir. 1983). Therefore, we will consider the rejection against independent claim 1 as representative of all the claims on appeal. In rejecting claims under 35 U.S.C. § 103, it is incumbent upon the examiner to establish a factual basis to 3Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007