Appeal No. 2004-2271
Application No. 09/731,650
Claims 3, 8, and 13 as Group III;
Claims 4, 9, and 14 as Group IV; and
Claims 5, 10, and 15 as Group V.
Page 3 of the brief lists only four groupings. However,
Appellants argues the above five group of claims separately and
explains why the claims of each group are believed to be
separately patentable. See pages 4-9 of the brief and pages 1-7
of the reply brief. Appellants have fully met the requirements
of 37 CFR § 1.192 (c)(7) (July 1, 2002) as amended at 62 Fed.
Reg. 53169 (October 10, 1997), which was controlling at the time
of Appellants’ filing of the brief. 37 CFR § 1.192 (c)(7)
states:
Grouping of claims. For each ground of
rejection which appellant contests and which
applies to a group of two or more claims, the
Board shall select a single claim from the
group and shall decide the appeal as to the
ground of rejection on the basis of that
claim alone unless a statement is included
that the claims of the group do not stand or
fall together and, in the argument under
paragraph (c)(8) of this section, appellant
explains why the claims of the group are
believed to be separately patentable. Merely
pointing out differences in what the claims
cover is not an argument as to why the claims
are separately patentable.
We will, thereby, consider Appellants’ claims as standing or
falling together in the five groups noted above, and we will
treat:
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