Appeal No. 2005-0131
Application 09/731,388
21-22, 24-31, 33-35, and 40-43 under 35 U.S.C. § 102, and we
affirm the Examiner’s rejection of claims 3, 13, 17-20, 23, 32,
and 36-39 under 35 U.S.C. § 103.
Only those arguments actually made by Appellants have been
considered in this decision. Arguments that Appellants could
have made but chose not to make in the brief have not been
considered. We deem such arguments to be waived by Appellants
[see 37 CFR § 41.37(c)(1)(vii) effective September 13, 2004
replacing 37 CFR § 1.192(a)].
Appellants have indicated that for purposes of this appeal
the claims stand or fall together in two groupings:
Claims 1-13, 21-32, 40, and 42 as Group I; and
Claims 14-20, 33-39, 41, and 43, as Group II.
See page 5 of the brief. Furthermore, Appellants argue each
group of claims separately and explain why the claims of each
group are believed to be separately patentable. See pages 5-10
of the brief and pages 1-5 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
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007