Appeal No. 2004-2179
Application No. 09/785,919
Rather that repeat the positions of the appellants and the
examiner, reference is made to the brief and reply brief for
appellants positions and to the answer for the examiner’s
positions.
OPINION
At the outset, we note that with respect to each of the
claims on appeal and with respect to each of the three separately
stated rejections, appellants present arguments only with respect
to claim 26, rejected under 35 U.S.C. § 102. That is to say, no
arguments are presented as to independent claims 33 and 39 and no
arguments are presented for our review here as to the two
separately stated rejections of certain claims under 35 U.S.C.
§ 103. It is noted the bottom of page 5 of the brief indicates
that “all of the claims may be grouped with claim 26.”
We sustain the rejection therefore of all claims on appeal
since we agree with the examiner that claim 26 as a
representative claim of all claims on appeal is anticipated by
Schultheiss for the reasons set forth by the examiner in the
answer, which we embellish upon here.
From our careful study of the subject matter of argued
independent claim 26 on appeal, the first and second commands are
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